Study Shows Democratic Judges Were Just as Likely to Put Nader on Ballot in 2004 as Republican Judges

The Election Law Journal, volume 7, number 4 (December 2008) has an article, “Judicial Decision-Making in Nader’s Ballot Access Litigation” by Kyle C. Kopko. The article is 24 pages long. It concludes, in part, “Although much of the judicial politics literature indicates that judges behave in a partisan manner when deciding cases that involve a partisan interest, this did not occur in the context of Ralph Nader’s 2004 ballot access litigation…Even those judges who donated money to the Democratic or Republican Parties, the very individuals who should be the most partisan of all the judges included in the dataset, were not predisposed to rule in a way that favored their own political party.”

In other words, even though Ralph Nader was perceived in 2004 to injure Democratic presidential nominee John Kerry, Democratic judges were just as likely to rule in favor of Nader as Republican judges. The article studies all the state court decisions on whether Nader should have been on the 2004 ballot.

The article, of course, does not deal with the issue of whether Nader actually injured John Kerry’s campaign. An analysis in the January 1, 2005 (printed) Ballot Access News suggests that Nader did not, in fact, injure Kerry.

Deadlines for Introducing Bills are Rapidly Approaching

Many state legislatures have rigid deadlines for introducing bills. Those deadlines were in December 2008 in Indiana, Iowa, and Oklahoma. A previous post had said that the Indiana deadline was in mid-January, but actually it was on December 15. Therefore, it is already too late to introduce a ballot access improvement bill in Indiana in 2009. However, Indiana has one-year legislative sessions, so it will be possible to seek sponsors for bills to be introduced in late 2009 for the 2010 session. State Senator Sue Landske (R-Lake County) has already shown some interest in improving Indiana ballot access.

States with January 2009 deadlines for bills to be introduced this year are: Connecticut, Idaho, Kansas, Maine, Maryland, Massachusetts, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Tennessee, Virginia, and Wyoming.

States with February 2009 deadlines are: Arizona, California, Kentucky, New Mexico, Rhode Island, Utah, and Vermont.

Illinois Sets Virtually Impossible Conditions for Special Congressional Election

Illinois holds a special election to fill the vacant 5th U.S. House seat on April 7. The Board says any independent candidate, or any nominee of an unqualified party, must submit 12,586 valid signatures no later than January 27.

The seat is empty because the person elected in November 2008, Rahm Emanuel, has resigned his seat to become Chief of Staff to President-Elect Barack Obama.

The state is requiring these signatures to be collected in just 21 days. Federal courts in Florida, Georgia, Maryland and Wyoming have ruled that when the normal petitioning period is sharply curtailed, states must reduce the required number of signatures. As far as is known, no one has ever sued over this point in Illinois.