Lenori Fulani on the 2008 Presidential Election

The Daily Voice carries this commentary by Lenora Fulani on the 2008 presidential election. Although Fulani does not endorse any presidential candidate, she clearly looks with favor on Barack Obama. Lenora Fulani was the New Alliance Party presidential candidate in 1988 and 1992. In 1988 she was on the ballot in all 50 states. Among general election presidential candidates who polled at least one-fifth of 1%, in the entire history of the U.S., she is the only woman on that list of general election presidential candidates, and also the only non-Caucasian person on that list.

New Mexico Legislature Passes Bill Easing Primary Ballot Access

On February 6, the New Mexico House passed HB 190, which makes it easier for candidates to get on a primary ballot. An identical bill, SB 1, had passed the Senate a few days earlier.

The bills restore the law to the way it was until 2007. Until 2007, someone who failed to get at least 20% support at a party endorsements or nominating convention could still get on the primary ballot by collecting signatures of party members. That petition requirement was 4% of that party’s primary vote for Governor in the last gubernatorial election (within that particular district, of course). But the 2007 legislature had repealed this procedure, so that it was impossible for anyone to run in a primary without having shown support at a party meeting. Now, the 2008 legislature is undoing what it did in 2007. SB 1 passed unanimously and HB 190 passed 57-1.

It is somewhat humorous to watch state legislators pass a bill unanimously in one year, and then to pass a bill (almost unanimously) in the second year of the same session to completely undo what the same legislators had done the year before. The reversal was caused by the fact that the U.S. Senate seat up this year in New Mexico has no incumbent running for re-election. Furthermore, all three U.S. House seats also have no incumbent running for re-election. This causes many prominent Democrats and Republicans to file for these seats, and even some candidates with considerable backing may fail to get 20% of the vote at the party endorsements conventions.

Assuming either HB 190 or SB 1 is signed into law soon, the lawsuit Wiviott v State will become moot.

Minnesota Convict Wins Right to Run for Congress

On January 18, 2008, a Minnesota state court ruled that Minnesota elections officials should have furnished declaration of candidacy forms to a man who is currently an inmate in the Faribault State Prison. Leonard J. Richards had begun trying to run for Congress since 2005, but state prisons officials determined, “Offenders are not allowed to run for office.” Also, the Secretary of State, and county elections officials, refused to respond to Richards’ letters asking for the forms. In Minnesota, candidates may obtain a place on a party primary ballot by paying a filing fee; no petition is required.

Richards then sued in federal court, but his lawsuit was transferred to State Court, Rice County district court. The case is Richards v Windschitl, 66-cv-06-1517. The order says, “Mark Ritchie as Secretary of State and his Office, shall provide to the plaintiff the appropriate forms allowing him the ability to file for federal elective office, without interference.” Also, “Mark Ritchie as Secretary of State and his Office, shall provide Plaintiff with the number of write in votes he received in the 2006 election. This information shall be provided within 30 days from the date of this Order.”

Under U.S. Term Limits v Thornton, the U.S. Supreme Court opinion that struck down term limits laws for federal office, neither states nor the federal government can add to the qualifications listed in the U.S. Constitution to run for Congress.

Theodore Olson Column in Wall Street Journal on a Hypothetical Lawsuit "Clinton v Obama"

The February 11 issue of the Wall Street Journal has this column by Theodore B. Olson, about an imaginary lawsuit that might conceivably come to exist this year called “Clinton v Obama”. The hypothesis concerns the now widely-discussed possibility that the Democratic presidential nomination will be so close at the Denver national convention in August, that it will all hinge on whether the party should seat delegates from Florida and Michigan.

Olson, of course, is a partisan Republican attorney who represented George W. Bush in Bush v Gore in the U.S. Supreme Court. Olson also won the recent U.S. Supreme Court decision New York State Board of Elections v Lopez Torres.

The Florida delegate count (if that state had any national convention delegates) would be Clinton 105, Obama 67. The Michigan count would be 73 Hillary, unpledged 55.

In 1984 the Democratic National Convention passed a resolution that says, “Be it further resolved that the Democratic Party of the United States recognizes the right to vote as the most fundamental of all rights in our democracy. And no duty of the Party is more important than protecting the sanctity of this right.” Notwithstanding that resolution, in 2004 the Democratic National Committee spent heavily in an attempt to prevent voters from voting for Ralph Nader, and this year the same committee feels that preserving a particular calendar of presidential primaries is more important than the voting rights of rank-and-file Democratic voters in two particular states. Thus the party leaves itself open to charges of hypocrisy. Thanks to Howard Bashman’s “How Appealing” for the link.