Massachusetts Republican Fails to Make Primary Ballot

On June 3, Jim Ogonowski, the choice of leaders of the Massachusetts Republican Party for U.S. Senate this year, was told by the Secretary of State that he does not have enough valid signatures to be on the Republican primary ballot. The law requires 10,000 signatures, and Ogonowski has 9,970, according to the Secretary of State. Ogonowski disputes this and says some of his signatures were lost by town clerks. He is also free to run as a write-in candidate in the September primary. However, he would need 10,000 write-in votes, and in addition, of course, he would need to outpoll the one Republican who did get on the primary ballot. That candidate is Jeff Beatty. Beatty doesn’t have as much support among party leaders, but he did a better job of collecting signatures.

I wrote to every Republican state legislator in Massachusetts in early 2007, and urged each one to introduce a bill, making ballot access to the primary ballot easier. None of them responded. The Republican Party only had U.S. House candidates in 2006 in three of the ten districts. The Green Party, which was also a ballot-qualified party in 2006 (and still is) didn’t have any U.S. House candidates in 2006, and doesn’t this year either.

Carol Miller Independent Petition in New Mexico

Independent candidate Carol Miller expects to turn in approximately 12,000 signatures on June 4. She is running for U.S. House, 3rd district, New Mexico. The legal requirement is 5,779 signatures. She will be the second independent candidate for U.S. House on the ballot in New Mexico history (the first was in 1996; New Mexico did not have procedures for independent candidates for any office until 1977).

It is believed that Miller will be the only U.S. House candidate in the nation in 2008 who will have overcome a petition requirement greater than 5,000 signatures, although it is always possible that someone else will qualify later this year in one of the few states that requires even more signatures for U.S. House.

Ralph Nader Arizona Ballot Access

On June 4, Ralph Nader will be turning in approximately 50,000 signatures to be an independent presidential candidate in Arizona. The requirement is 21,759 signatures. Assuming Nader has enough valid signatures, he will be the first independent presidential candidate to qualify in Arizona in the history of the existing law, which was passed in 1993.

Before 1993, the Arizona independent candidate petition deadline was 10 days after the primary, but signatures could not be gathered until primary day, and only voters who had not voted in the primary could sign. This law was especially tough on Ross Perot in 1992, because he officially wasn’t running for president between mid-July 1992 and October 1, 1992. He really knew he would be getting back in the race, but publicly he wasn’t running. The old Arizona requirement required that all his petitions be gathered during September, which was very awkward. After the 1992 election, Perot supporters and other independent activists successfully lobbied for a change.

Unfortunately, that change turned out to be almost as restrictive as the old law. The new law changed the number of signatures from 1% of the last vote cast, to 3% of the number of registered independents. Whereas the old law had a deadline in late September, the new law had a deadline in June. Whereas the old law said no one could sign who had voted in the primary, the new law said no one could sign who was a registered member of a qualified party.

In 1996, Nader supporters challenged the part of the new law that said only registered members who were not members of a qualified party could sign. That case was won in 1999 (too late for Nader to use in 1996) and is called Campbell v Hull. But even with that improvement, the new Arizona independent candidate law has been an impediment, and all presidential independents who tried to qualify 1996 through 2004 failed, including Nader himself in both 1996 and 2004. Nader’s 2004 lawsuit against the June deadline is still pending in the 9th circuit. The Arizona legislature has made the independent candidate even earlier, on two separate occasions since 1993, so that this year the deadline is June 4. Arizona has the second earliest independent presidential petition deadline of any state (only Texas is earlier).

No one else has turned in signatures to be an independent presidential candidate in Arizona this year. The ballot-qualified parties are the Democratic, Republican, Libertarian and Green Parties. The Constitution Party tried to qualify but did not succeed.