Berkeley Green Party City Council Member Dies

On July 13, Donna Spring died at the age of 55. She had been one of the Green Party’s longest-serving public officials. She was in her fourth four-year term on the Berkeley, California city council. She had been working for Instant-Runoff Voting in Berkeley since 1993. The voters of Berkeley approved the use of IRV several years ago, but it still hasn’t been implemented. Spring lived with rheumatoid arthritis and generally used a wheelchair. In the last two years she had participated by speakerphone at city council meetings, since it was difficult for her to obtain access to the city council chambers. She died of pneumonia, only three weeks since she last participated in a city council meeting. Thanks to Rob Richie for this news.

Pennsylvania State Senator Interested in Ballot Access Reform

On July 17, Pennsylvania State Senator Mike Folmer (R-Lancaster and Lebanon Counties) contacted the Pennsylvania Ballot Access Coalition, and requested a copy of the Coalition’s original 2007 ballot access proposal. The Senator said he is not interested in Representative Kerry Benninghoff’s idea for replacing mandatory petitions with filing fees. Senator Folmer wants ideas for a bill specifically to help minor parties. The Coalition’s original proposal, submitted to all legislators last year, was a ballot access system similar to Delaware’s system. In Delaware, minor parties that attain a certain number of registered voters are considered qualified parties, and nominate by convention, and are automatically on the November ballot.

Ohio Libertarian Party Wins Ballot Access Lawsuit

On July 17, a U.S. District Court granted an injunction, putting the Ohio Libertarian Party on the November ballot, for president, Congress, and state legislative races. Libertarian Party of Ohio v Brunner, s.d., 2:08-cv-555.

The basis for the injunction was (1) the U.S. Constitution requires that election laws for federal office be written by state legislatures, and therefore the Secretary of State cannot make up ballot access rules; (2) even if the Secretary of State did have authority to write ballot access rules, it is still unconstitutional to force a party to submit a hefty petition almost a full year before the general election. See the decision at this link, courtesy of ElectionLawBlog.

It is not known if the Secretary of State will appeal to the 6th circuit.

New Zogby 4-Way Presidential Poll

A Zogby/Reuters Poll released July 16 shows these results when voters are presented with a list of 4 presidential candidates: Obama 46%, McCain 36%, Barr 3%, Nader 3%, other or undecided 12%. See here for more details. When the voter is only presented with the names of Obama and McCain, 3% still volunteer someone else. Thanks to ThirdPartyWatch for this news.

If Bob Barr polled 3% in each state, the Libertarian Party would become a qualified party, for the first time ever, in Arkansas, Connecticut (presidential status only), Iowa, and Kentucky. At that point, the only states in which the party would never have been a qualified party would be Minnesota, New Jersey, New York, Pennsylvania, Rhode Island, Tennessee, and Virginia. Minnesota requires a vote of 5% for any statewide race; New Jersey requires 10% for all votes cast for lower house of the legislature; New York requires 50,000 votes for Governor; Pennsylvania requires registration of 15%; Rhode Island requires 5% for president or governor; Virginia requires 10% for any statewide race. The Tennessee requirement is currently under attack in federal court.

The Libertarian Party has also never been a qualified party in the District of Columbia, but it has some reason to believe it can attain that status this year, since it has a strong candidate for Delegate to the U.S House. He needs 7,500 votes to give the party “qualified” status.

Finally, although the Libertarian Party has been a qualified party for statewide office in both Illinois and Georgia, it has never been a ballot-qualified party in those two states for district and county office. Those two states, along with Connecticut, are the only states in which it is possible for a party to be “qualified” for all statewide office, but not all office.