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.

National Green Party Helps Arizona Green Party with Ballot Access

The Libertarian Party traditionally gets its presidential candidate on the ballot in all states, or almost all states. Its presidential candidate was on in 46 states in 1988, 50 states in 1992, 50 states in 1996, and 50 states in 2000 (although the presidential candidate listed in Arizona was someone other than the presidential candidate listed in the other 49 states). In 2004 the party got its presidential candidate on in all states except New Hampshire and Oklahoma.

The Green Party has never been as successful at that task as the Libertarian Party. The best it ever did was in 2000, when it got its presidential candidate on in 43 states. This is because the national Libertarian Party has a strong tradition of helping state affiliates with ballot access, whereas the Green Party does not have that tradition.

However, the national Green Party’s ballot access committee is now providing concrete help to some state parties. Last year it helped the Arkansas Green Party, and on February 10 it appropriated $4,000 for the Arizona Green Party. The Arizona Green Party now has 11,000 signatures on its party petition, but it needs 20,449, by March 6.

There is a good chance the Arizona deadline for the party petition is unconstitutional. Petition deadlines for new or previously unqualified parties, or for their nominees, that early (even for office other than president), have been declared unconstitutional in Alabama, Alaska, Arkansas, Indiana, Kentucky, Maryland, Massachusetts, Nebraska, Nevada, New Jersey, Ohio, and Pennsylvania.

No petition to qualify a party in Arizona has succeeded since 2000, when the Greens last did it. The Arizona legislature moved that petition deadline from May to March in 2000. Thus even if the Green Party effort falls short, it is worthwhile for it to make a maximum effort, and sue against the deadline if such a lawsuit becomes necessary.

Washington State Ballot Access Bill Passes Committee

On February 8, the Washington State Government and Tribal Affairs Committee passed Substitute HB 1534, which improves ballot access for minor parties and independent candidates. Thanks to Ruth Bennett for this news. This Washington state bill is the first bill to improve ballot access that has made any headway in any state’s legislature so far this year, as far as it known.

Ron Paul Rules Out 3rd Party Run, Scales Down Campaign

From Dr. Paul:

“Whoa! What a year this has been. And what achievements we have had. If I may quote Trotsky of all people, this Revolution is permanent. It will not end at the Republican convention. It will not end in November. It will not end until we have won the great battle on which we have embarked. Not because of me, but because of you. Millions of Americans—and friends in many other countries—have dedicated themselves to the principles of liberty: to free enterprise, limited government, sound money, no income tax, and peace. We will not falter so long as there is one restriction on our persons, our property, our civil liberties. How much I owe you. I can never possibly repay your generous donations, hard work, whole-hearted dedication and love of freedom. How blessed I am to be associated with you. Carol, of course, sends her love as well.

“Let me tell you my thoughts. With Romney gone, the chances of a brokered convention are nearly zero. But that does not affect my determination to fight on, in every caucus and primary remaining, and at the convention for our ideas, with just as many delegates as I can get. But with so many primaries and caucuses now over, we do not now need so big a national campaign staff, and so I am making it leaner and tighter. Of course, I am committed to fighting for our ideas within the Republican party, so there will be no 3rd party run. I do not denigrate third parties—just the opposite, and I have long worked to remove the ballot-access restrictions on them. But I am a Republican, and I will remain a Republican.

“I also have another priority. I have constituents in my home district that I must serve. I cannot and will not let them down. And I have another battle I must face here as well. If I were to lose the primary for my congressional seat, all our opponents would react with glee, and pretend it was a rejection of our ideas. I cannot and will not let that happen.

“In the presidential race and the congressional race, I need your support, as always. And I have plans to continue fighting for our ideas in politics and education that I will share with you when I can, for I will need you at my side. In the meantime, onward and upward! The neocons, the warmongers, the socialists, the advocates of inflation will be hearing much from you and me.”

COFOE Annual Board Meeting Set; Will Discuss Future Lawsuits

The Coalition for Free & Open Elections (COFOE) is holding its annual Board meeting in New York city on March 2, at 1 pm. COFOE is a loose coalition of the nation’s nationally-organized minor parties, and other nationally-organized groups that agree with COFOE’s goals of easing ballot access laws and improving the climate for minor parties and independent candidates in other areas, such as debates.

Several lawsuits against repressive ballot access laws are likely to be filed in February and March, some of them with financial support from COFOE, others not. They include a lawsuit to be filed against the Ohio law that bans circulators for independent candidates unless the circulators are registered voters in Ohio; a lawsuit against Illinois law on the number of signatures for unqualified parties and independent candidates for US House; a similar lawsuit for independent candidates for US House in North Carolina; a similar lawsuit for independent candidates for US House in Alabama; a lawsuit against New Hampshire’s refusal to permit presidential substitution; and a lawsuit against the new March petition deadline for independent candidates (for office other than president) in Montana.