Hopeful Sign in Connecticut Green Party Lawsuit Against Discriminatory Public Funding

On July 6, 2006, the Green Party of Connecticut had filed a federal lawsuit against the discriminatory public funding law passed by the Connecticut legislature in 2005. Among other things, the law requires a new party to not only collect the same number of $5 contributions from small donors as the major parties, but to also submit a petition signed by 10% of the last vote cast in that district (or in the state, if the candidate is running for statewide office). Even if the 10% petition is submitted, the new party candidate would still not receive the same amount of public funding as the major party members. For full public funding, a 20% petition is required.

On June 6, 2007, an oral argument was held, in which the state argued that the lawsuit should be summarily dismissed, even before any evidence is gathered. The judge has not ruled on the state’s motion. However, he is permitting discovery (a method of evidence-gathering) to proceed. It is unlikely that he would be permitting discovery if he intended to dismiss the lawsuit. The lawsuit is being handled by the ACLU.

Four U.S. Senators Introduce Constitutional Amendment to Give Congress Total Control Over Campaign Spending

On October 18, four U.S. Senators introduced SJR 21, a proposed Constitutional amendment. It says, “Congress shall have power to regulate the raising and spending of money, including through setting limits, for campaigns for nomination for election to, or for election to, Federal office.” It also says, “A state shall have power to regulate the raising and spending of money, including through setting limits, for State or local ballot initiatives, referenda, plebiscites, or other similar ballot measures; and campaigns for nomination for election to, or for election to, State or local office.” The four Senators are two Democrats, Charles Schumer of New York and Tom Harkin of Iowa; and two Republicans, Arlen Specter of Pennsylvania and Thad Cochran of Mississippi.

Election law professor Rick Hasen has severely criticized the measure. See his October 23 entries at http://electionlawblog.org.

All Michigan Presidential Primary Petition Attempts Fail

Michigan requires petitions signed by one-half of 1% of either major party’s last presidential vote, for a candidate to qualify for the January 15 presidential primaries. The due date was October 23, 2007. Of course, this procedure only applies to Democratic and Republican presidential candidates who were not automatically placed on the ballots by Democratic and Republican party leaders.

Two groups had announced that they were petitioning: Alan Keyes had said he would gather the needed 11,569 signatures to get on the Republican presidential primary ballot, and a Draft Al Gore group had said it would gather the needed 12,396 signatures to place Gore on the Democratic ballot. However, neither group succeeded. The Gore group only obtained 3,000 signatures. It is not known how many Keyes collected.

New York Democrat Wins Ballot Access Lawsuit

On October 18, a Democratic nominee for Rensselaer County legislature won a court decision that put him back on the November 2007 ballot. Robert Zinzow was nominated for the 4th district special election on September 16, by a meeting of the Democratic Committee. There was no primary because the vacancy had only occurred on September 8, when the incumbent (who was in the middle of his term) was shot by his son.

Zinzow was removed from the ballot by the lower court on October 5. The law says such nominations by committee must be made after the primary. This year’s primary was September 18, so since Zinzow was nominated two days too early, the lower court disqualified him. However, the mid-level court ruled that the law relating to the timing of committee nominations doesn’t apply in years when the party committee members themselves are not up for election or re-election. Apparently the purpose of the law is to ensure that only newly elected party members participate in committee nominations. That purpose is not implicated in years when the committee itself is not being elected.

Three Presidential Candidates Have Applied for Primary Season Matching Funds

Only three presidential candidates have applied to the Federal Election Commission to receive primary season matching funds, as of October 23. They are John Edwards, John McCain and Tom Tancredo. The FEC has already certified eligibility for McCain and Tancredo, and is still looking at Edwards’ submission. Although primary season funds won’t be paid until January of the election year (at the earliest), candidates are free to establish eligibility in the odd year before the election year. Any candidate seeking the nomination of any party (no matter how small that party is) may qualify by raising $5,000 from each of 20 states. Contributions from any single donor, no matter how large, cannot count as greater than $250 for this purpose.