Scholarly Article Calls for an End to the Challenge System for Petitions

Capital University Law Review, fall 2006, Volume 35, #1, has just published an article by Law Professor Mark R. Brown, calling for an end to the challenge system of checking petitions. The article is titled, “Policing Ballot Access: Lessons from Nader’s 2004 Run for President.” The article is 81 pages long. Capital University is in Columbus, Ohio.

The “challenge system” is not used in most states. Most states provide that elections officials check the validity of petitions, and their decision is final. A minority of states, however, use the “challenge system.” Petitions are deemed to be valid, but any private individual or group is then free to “challenge” the petition and attempt to show that it lacks enough valid signatures. Brown’s article shows the deficiencies of this system. The article is also useful for documenting the history of most of Nader’s 2004 ballot access fights.

Presidential Election in France

Preliminary returns show these percentages for each of the 12 presidential candidates, in the French election of April 22:
1. Union for a Popular Movement 30.46%
2. Socialist Party 24.41%
3. Union for French Democracy 18.8%
4. National Front 11.1%
5. Revolutionary Communist League 4.3%
6. Movement for France 2.5%
7. Communist Party 2.0%
8. Green Party 1.6%
9. Workers’ Struggle 1.5%
10. Jose Bove (independent anti-globalization) 1.3%
11. Hunting, Fishing, Nature & Traditions 1.2%
12. Workers’ Party .3%

Thanks to Jack Ross for this data.

Outstanding Arkansas Judge Dies

On April 21, U.S. District Court Judge George Howard, Jr., died. He was 82. He had been the first African-American judge on the Arkansas Supreme Court, and in 1980 he had become the first African-American U.S. District Court Judge in Arkansas. He had ruled favorably on ballot access for minor parties on three occasions. In 1996, he struck down the Arkansas deadline for new parties to get on the ballot, and the number of signatures, in a case brought by the Reform Party. In 2001, he had declared that Arkansas’ policy of making it impossible for a new party to get on the ballot in a special congressional election is unconstitutional. And last year, he had again struck down the number of signatures needed for a new party (since the Arkansas legislature had refused to obey part of his 1996 ruling). The 2007 legislature did lower the number of signatures.

Georgia Senate Passes February Primary Bill

On April 20, the Georgia Senate passed HB 487, which moves the presidential primary from March to February 5. The primary for other office would remain in August. Since the Governor is expected to sign the bill, Georgia will probably be the fourth state this year to have moved its presidential primary to February (the others, where the move has already been signed into law, are California, New Jersey, and New York). Bills to do the same are pending in many other states. Thanks to Tony Roza for this news.