D.C. Government Again Thinks About Replacing Petitions with Filing Fees

Posted on by June 20, 2007
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The Washington, D.C. city council is responsible for writing the District’s election laws. The city council almost passed a bill in 2003 replacing mandatory petitions with filing fees, but then it seemed the idea had been forgotten. However, someone on the city council has revived the idea, and staff for the city council is researching the idea.

If the District replaced petitions with filing fees for general election ballot access (especially presidential ballot access), that would be a boon for minor parties. The D.C. presidential petition for the general election is one of the most difficult in the nation. It is the only petition that George Wallace didn’t attempt in 1968; it is the only petition that Pat Buchanan didn’t attempt in 2000; and the Constitution Party has never attempted it. It requires a petition signed by 1% of the number of registered voters. That is more than twice as difficult as the median petition requirement of the 50 states, for presidential candidates.

Third Circuit Protects Apolitical Government Employees from Being Fired

Posted on by June 20, 2007
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On June 20, the 3rd circuit ruled that a government employee in a non-policy making position cannot be fired, just because she is apolitical and doesn’t support the party in power. The case is Galli v New Jersey Meadowlands Commission, no. 05-4114.

In 1976, 1980, and 1990, the U.S. Supreme Court had ruled that government employees in non-policymaking positions cannot be fired, demoted, or otherwise injured, just because of their partisan affiliation. In those cases, the injured employee was an active partisan of the party out of power.

By contrast, in the recent New Jersey case, the injured employee was fired not because she was a Republican, but because she was a registered independent who kept her political opinions private. The 3rd circuit said “The First Amendment protects an employee’s failure to engage in any political activity whatsoever…A citizen’s right not to support a candidate is just as relevant for First Amendment purposes as her right to support one…The right of freedom of thought protected by the First Amendment includes both the right to speak freely and the right to refrain from speaking at all.”

The vote was 2-1. The dissenting judge argued that an employee who doesn’t speak out on politics is not exercising her rights.

The decision will be somewhat useful should any new or previously unqualified party sue Illinois, over Illinois law that requires a new party to run a full slate of candidates, if it wishes to appear on the ballot. The case would be unusual; the political party that files such a case would be arguing for the right not to run for certain positions.

Illlinois Bill Signed into Law, Moving Primary and Saving the Republicans

Posted on by June 20, 2007
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On June 20, Illinois Governor Rod Blagojevich signed HB 426 into law. It moves the primary (for all office) from March to February. It also moves the deadline for a qualified party to notify the state of its presidential and vice-presidential candidates from late August to September 5. This is to accomodate the Republican Party’s unprecedently late national convention. The party won’t choose its ticket formally until September 3 or September 4, 2008.

Illinois will be the first state in U.S. history in which major parties will nominate their candidates for Congress in February of an election year. No state has ever before held a congressional primary (for regularly-scheduled elections) earlier than March.