U.S. District Court Upholds Signature Requirement for Independent Presidential Candidates

On February 7, a U.S. District Court in Hawaii upheld a state law that requires independent presidential candidates to submit six times as many signatures as are needed for a new party. Nader v Cronin, civ 04-611.

For 2008, independent presidential candidates need 4,291 signatures, whereas new parties only need 663 signatures. When a new party qualifies in Hawaii, the state is obliged to print up primary ballots for it, and it is entitled to nominate for all partisan offices in the state.

Judge J. Michael Seabright said “Although groups seeking to form a new political party needed 677 signatures in 2004, political parties are subject to different requirements not applicable to independent candidates, including filing the petition by April 1, 2004 (as opposed to September 3, 2004 for independent presidential candidate petitions). Further, political party candidates may be subject to primary elections or party conventions, while independent candidates’ names are placed directly on the ballot upon submission of a valid petition.”

Of course, the “burden” of holding a primary is a burden on state elections administrators, not a burden on the party.

As to the fact that petitions to qualify a new party in Hawaii are due much earlier, the judge probably didn’t know that in 1986, another U.S. District Judge issued an injunction against the Hawaii April deadline on the grounds that it was unconstitutionally early. The 1986 decision ordered the state to put the Libertarian Party on the ballot, even though it didn’t finish its petition by the deadline. Afterwards, the party never returned to court to obtain declaratory relief, so the April deadline still exists in the law.

Nader’s current lawsuit against Hawaii also included a charge that petition-checking procedures in Hawaii violate due process. Judge Seabright feels this claim may have merit, and he set a trial for March 4 on that issue.

Washington State Dual Caucus/Primary Good for Political Science Research

Major parties in Washington state held presidential caucuses on February 9, and will hold presidential primaries on Tuesday, February 19. For Democrats, the caucuses were used to choose all the state’s delegates to the national convention; for Republicans, half the delegates are chosen according to caucus results, and half according to the presidential primary results.

As far as is known, no state has ever before held both caucuses and primaries so close together in time. Therefore, the Washington state events will provide interesting data on the difference in results between caucuses and primaries.

The presidential primary is all-mail, except in King and Pierce Counties. Voters who vote by mail must check one of two boxes, or their votes won’t count. One box says, “I declare that I am a member of the Republican Party and I have not participated and will not participate in the 2008 precinct caucus or convention system of any other party.” The other box says, “I declare that I consider myself a Democrat and I will not participate in the nomination process of any other political party for the 2008 presidential election.” Voters at the polls must sign in and also check one of those sentences. Obviously, a voter must use the appropriate party’s ballot, after choosing that party.

Each of the two major parties will receive a list of which voters checked the box for that particular party. Mail ballots were mailed to voters on February 1 and must be postmarked by February 19, so the results will be slow to be tabulated.

Names on the Democratic ballot are Joe Biden, Hillary Clinton, Chris Dodd, John Edwards, Mike Gravel, Dennis Kucinich, Barack Obama, and Bill Richardson. Names on the Republican ballot are Rudy Giuliani, Mike Huckabee, Duncan Hunter, Alan Keyes, John McCain, Ron Paul, Mitt Romney, and Fred Thompson.

Four Parties Start Pennsylvania Petitioning

Pennsylvania does not allow unqualified parties to circulate their petitions until mid-February. The petitioning period opened a few days ago. The Constitution, Green, Libertarian and Reform Parties have started, or are on the verge of starting. The statewide requirement is 24,666 signatures, due August 1.

Pennsylvania has no procedure for an unqualified party to circulate a petition that just names the party. Instead, Pennsylvania only has procedures for petitions that list candidates. However, Pennsylvania permits stand-ins. The Constitution Party stand-in national ticket is Jim Clymer for president and Chuck Baldwin for vice-president. The Green Party stand-in national ticket is John Zachmann for president and K.C. McCurry for vice-president. The Libertarian stand-in national ticket is Rochelle Etzel for president and Chuck Boust for vice-president. The Reform Party petition lists Michael Bloomberg for president and Frank McKay for vice-president.

No Democratic-Republican Contest in November in Majority of Pennsylvania State House Districts

Filing has closed for the Pennsylvania primaries for all federal and state office this year. Pennsylvania has 203 State House districts. Of those 203 districts, in 103 of them, either no Republican filed to be on the Republican primary, or no Democrat filed in the Democratic primary.

At the April 2008 primaries, primary voters are free to nominate candidates by write-in vote. But no one can be nominated unless he or she receives at least 200 write-in votes. This is difficult, so it is likely that there will be very few, if any, major party nominations filled by write-ins at the primaries.

In 2008, there are 56 districts in which no Republican filed, and 47 districts in which no Democrat filed. By contrast, in 2006, there were 44 State House districts with no Republican on the November ballot, and 29 with no Democrat.

Mary Ruwart May Seek Libertarian Presidential Nomination

Dr. Mary Ruwart is considering seeking the Libertarian Party presidential nomination. She is a long-time member of the party best known for her books Healing Our World and Short Answers to the Tough Questions. She has also written extensively on government regulation of the drug industry. She holds a PhD in biophysics and has served on the Libertarian Party National Committee. The Libertarian Party national convention will be in Denver May 22-26.