North Carolina Libertarian Petition Turn-in May Attract Publicity

The North Carolina Libertarian Party turned in 108,646 raw signatures on May 15, to the State Board of Elections. The counties have already checked them, and 72,935 are valid. The legal requirement is 69,734.

The drive cost the party $134,000, of which $50,000 was from the national party and $84,000 from the state party. The party invited the press to the turn-in, and some press attended. The party points out that the verification process cost elections administrators 4,000 person-hours of labor, at taxpayer expense.

The drive was so expensive for the national Libertarian Party, that the party was unable to pay for the party petition in South Dakota and Oklahoma, and has not started the West Virginia candidate petition, and perhaps may not do any petitioning in West Virginia this year.

A decision on the constitutionality of the North Carolina ballot access law for parties is expected by May 24.

No petition hurdle as great as 69,734 signatures has been met by any new or minor party, or any independent candidate, since Ross Perot overcame a petition requirement of 134,781 signatures in California in 1992, to qualify as an independent. It should be noted that in 1995, two new parties also qualified in California, but that was not by petition. Instead, they each obtained 89,007 registrants. The two parties that did that in 1995 were the Reform and Natural Law Parties.

Special Election for Ohio Attorney General

On May 14, Ohio Attorney General Marc Dann resigned. Ohio will hold a special election to replace him, on November 4, 2008. Since the petition deadline for independent candidates (for office other than president) has already passed, special procedures apply. An independent candidate for Attorney General needs 750 valid signatures, due August 19, 2008. UPDATE: the deadline is May 27, not August 19.

There is no procedure for a previously unqualified party to participate in the special election for Attorney General. The deadline for a new party (early November 2007) was held unconstitutional by the 6th circuit in 2006, and the legislature still hasn’t passed a new law. Last year the Ohio Secretary of State created a new deadline that was a few weeks later than the old law, meaning late November 2007 instead of early November 2007. A state’s failure to have a procedure for new or previously unqualified parties, in a special election, was held unconstitutional in Green Party of Arkansas v Priest, in 2001. The fact that Arkansas had a procedure for independent candidates in the special election was not sufficient.

Federal Judge Rules Against Democratic National Committee

On May 14, U.S. District Court Judge John D. Bates, a Bush Jr. appointee, ruled against the Democratic National Committee in its lawsuit against the Federal Election Commission. The Democratic National Committee had filed the lawsuit on April 14, saying that the FEC (which has no quorum) will never be able to resolve the Democratic Party’s complaint that John McCain is violating federal campaign laws. But the Judge said the law requires the federal courts to abstain from such lawsuits until the FEC has had the matter for 120 days. He said the fact that the FEC has no quorum is no excuse to disregard that law. The decision is only 5 pages long and can be read at http://electionlawblog.org, Rick Hasen’s law blog.

FOX Business Network Hosts Libertarian Presidential Debate

FOX Business Network will host a televised debate between two contenders for the Libertarian presidential nomination, Mike Gravel and Wayne Allyn Root, on May 16 (Friday), at 8:10 am (eastern time). There will be a 10-minute session which ends at 8:20; then there will be a second session, also 10-minutes, that starts at 8:40. Bob Barr was invited into this debate, but he declined.

Also, Reason Magazine hosts a 3-person debate on May 20 in Washington, DC, at 4 pm eastern time. That debate will not be televised, but will include Gravel, Root, and Barr.