Shawn O’Hara/Rodney Martin Faction of the Reform Party Wins Jury Trial

On June 25, a federal court jury in Tallahassee, Florida, unanimously ruled that the action of the national party convention in June 2005, changing national party officers, was invalid. Therefore, the officers who were in office prior to that convention (and the faction that supports them) are the valid national party officers. Shawn O’Hara, who had been national chair during 2004 and 2005, had since resigned and Rodney Martin of Yuma, Arizona, had taken his place.

The Tampa convention had been called over the objection of Shawn O’Hara. The Tampa convention had chosen Charles Foster of Texas as national chair. Foster and his faction had then sued the O’Hara/Martion faction, alleging that the law on trademarks was being violated by their use of the name “Reform Party.” However, the jury ruled in favor of the defendants. The specific question answered by the jury was, “Do you find by the greater weight of the evidence that the vote changing officers at the June 2005 Tampa convention was valid?” The jury answer was “No.”

Arizona Greens and Ohio Libertarians Making Petition Progress

The Arizona Green Party now has 5,000 signatures on its petition to qualify itself as a party. 20,449 valid signatures are needed by March 6, 2008.

The Ohio Libertarian Party now has 2,500 signatures on its petition to qualify itself as a party, even though the drive only started ten days ago. 20,114 valid signatures are needed by November 26, 2007.

U.S. Supreme Court Says McCain-Feingold Law is Partly Unconstitutional

On June 25, the U.S. Supreme Court ruled part of the McCain-Feingold federal campaign law unconstitutional, as applied to broadcast ads paid for by a corporation that mention a candidate for federal office but do not mention the upcoming election. Federal Election Commission v Wisconsin Right to Life, no. 06-969. Chief Justice Roberts wrote the decision, but his opinion was joined only by Justice Alito. Justices Kennedy, Scalia and Thomas would have held that part of the McCain-Feingold law to be unconstitutional on its face, not just as applied to certain types of ads.

This outcome should make it somewhat easier for minor parties to someday challenge another part of the McCain-Feingold law, the part that limits the amount of money that individuals can contribute to new or minor parties. The Supreme Court’s 2003 decision, upholding McCain-Feingold on its face, had said that the act could still be challenged by certain types of plaintiffs, in as-applied challenges. Since one type of as-applied challenge has now succeeded, it is more plausible that other such challenges will succeed. The outcome will probably also help Unity08 to win its pending lawsuit against the FEC. The issue in Unity08’s case is the FEC decision that no one may give or loan Unity08 more than $5,000.

Senator Brownback Asked About Inclusive General Election Debates

On June 24, U.S. Senator Sam Brownback was asked whether he would agree to inclusive general election debates, if he becomes the Republican nominee. He expressed fear that there would be too many candidates, and said he would need to think about it. This occurred in Roland, Iowa. Thanks to Larry Reinsch for having raised this issue with Senator Brownback. Reinsch is also the person who asked Senator Hillary Clinton and Senator Barack Obama the same question earlier this month.

It should be noted that in all U.S. history, there has never been a presidential general election with more than 7 presidential candidates who were theoretically able to be elected. Specifically, there has never been an election with more than 7 presidential candidates who were on the ballot in states containing a majority of the electoral college.

There were no government-printed ballots before 1889, so for the elections before then, this statement refers to the ability of various presidential candidates to circulate private ballots. There were never more than 7 such candidates in that period either. In the period 1856 to the present, the average number of presidential candidates who could theoretically have been elected has only been 4.3 candidates.