U.S. Supreme Court Takes a Campaign Finance Case

On January 11, the U.S. Supreme Court held a conference to decide which cases to take. It released the news of which cases it did accept, immediately after the conference. One of the cases is a campaign finance case, Davis v Federal Election Commission, 07-320. The lower court had upheld the law. The issue is part of the McCain-Feingold campaign finance law, called the “Millionaires’ Amendment.” The law says that restrictions on how much money individuals can give to federal candidates are eased, when one of the candidates in the race funds his own campaign with at least $350,000. Jack Davis was the candidate who spent a large amount of his own money. He was a New York Democratic nominee for the US House in the 26th district in 2006. He argues that he was harmed because his Republican opponent, incumbent Thomas Reynolds, was permitted to receive triple the normal amount of contributions. Also Reynolds was permitted to coordinate his campaign with the Republican Party to a degree that is normally illegal.

Davis’ most interesting argument is that since the purpose of campaign restrictions on large donations is to prevent corruption, the “Millionaires’ Amendment” itself promotes corruption, and that the law only exists to help incumbents.

The government argues that Davis doesn’t even have standing to complain, since Congressman Reynolds didn’t actually take advantage of those special legal advantages.

Kucinich Loses In Federal Court on Texas Ballot Access

On January 11, U.S. District Court Judge Lee Yeakel ruled that Dennis Kucinich was properly excluded from the Texas Democratic presidential primary ballot, because he wouldn’t sign an oath saying he would “fully support” whomever the Democrats eventually nominate for president. Kucinich will probably appeal to the 5th circuit. During the oral argument, the judge expressed the fear that if Kucinich could prevail, that this would cause many more lawsuits to be filed against major political parties in the future.

Assuming that the decision is upheld on appeal, this is one more sign of the growing legal strength of political parties in the U.S. to control their own affairs, even including access to their own primary ballots. To the extent that this trend continues (and it has been continuing for the last 20 years), the case against restrictive ballot access laws for new and minor political parties, and independent candidates, also grows stronger. The whole basis for upholding restrictive ballot access laws in general elections is that “anyone” can run in a major party primary. Thus, in 1971, the U.S. Supreme Court upheld Georgia’s restrictive ballot access laws and said if the Socialist Workers Party candidates couldn’t get on under their own label, they were free to run in major party primaries (footnote 25 of Jenness v Fortson). That theory is looking weaker and weaker.

Biden, Richardson Failed to Get 1,000 Valid Signatures in Rhode Island

Rhode Island requires 1,000 signatures for candidates to gain a place on a presidential primary ballot. The deadline for submitting these signatures was December 26. However, Rhode Island didn’t finish checking the signtures until January 10.

The checking process revealed that both Joe Biden and Bill Richardson failed to submit 1,000 valid signatures. It is true that Biden withdrew on January 3, and that Richardson withdrew on January 10. However, they hadn’t withdrawn during the petitioning period (in December 2007). Therefore, these Biden/Richardson instances are additional evidence that even modest petition requirements are sometimes difficult for campaigns with significant resources.

Most states don’t require “important” major party presidential candidates to submit any signatures to get on presidential primary ballots. Among the states that do, every such state had at least one instance of an “important” presidential candidate failing to get enough valid signatures. Candidates who failed in at least one petition drive include not only Biden and Richardson, but Chris Dodd, Dennis Kucinich, Fred Thompson, and Duncan Hunter.

Candidates who did qualify for the Rhode Island Democratic primary are Clinton, Edwards, Kucinich and Obama. Candidates who qualified for the Republican primary are Hugh Cort, Giuliani, Huckabee, Hunter, Keyes, McCain, Paul, Romney and Thompson.

Money Woes Doom Unity08

On January 10, Unity08 sent its members a lengthy e-mail, announcing that it is giving up its goal of trying to create a ballot-qualified party across the nation, and then letting its members choose a presidential nominee who would use the organization’s ballot access.

The chief reason is lack of sufficient funding. Unity08 rightly lambasts the Federal Election Commission for a stifling ruling last year that limited individual contributions to Unity08 to only $5,000. The ruling was indefensible. The purpose of campaign contribution limits is to prevent bribery. In this case, Unity08 had no candidate, so there was no one who could have been bribed. There should have been no limit on individual contributions to Unity08, just as there was no limit to how much money Ross Perot donated to his Reform Party, when he founded it in 1995.

Unity08 might also have lambasted U.S. District Court Judge Richard Roberts, who has jurisdiction of Unity08’s lawsuit against that FEC ruling. All the briefs were filed more than 7 months ago, and he has not ruled in all that time. However, Unity08 said nothing about the lawsuit, except that it will keep the lawsuit going.

The full text of the e-mail is not yet on Unity08’s webpage, but it can be read at http://thirdpartywatch.com. The e-mail also cites the problem of getting a movement going that lacks either a very popular leader, or a burning issue. UPDATE: the statement is now on the Unity08 webpage.

Mississippi Court Dates Set

A lower state court in Mississippi will hear State ex rel Hood v Barbour on January 14. This is the case over whether state law requires a special election for U.S. Senate in the spring of 2008, or November 2008. The vacancy was caused when Trent Lott resigned last month. Thanks to Steve Rankin for this news.

Also, the 5th circuit will hear Mississippi Democratic Party v Barbour in the first week in March. This is the case over whether the U.S. Constitution protects the Democratic Party’s ability to keep non-members from voting in its primaries.