Congressional Democrats Likely to Push Paper Trail

On December 12, U.S. Senator Dianne Feinstein (D-Ca) and U.S. House members Robert Wexler (D-Fl) and Rush Holt (D-NJ) said they will try to pass a bill in 2007, outlawing vote-counting machines that don’t create a paper trail. Senator Feinstein said her bill would include another provision, making it illegal for elections officials to engage in campaign activities for partisan candidates other than themselves. However, generally Congress has no authority over non-federal elections, so it is not clear how this would be constitutional.

Senator Ben Westlund Joins Oregon Democratic Party

Oregon State Senator Ben Westlund announced on December 12 that he has registered as a Democrat. He had been re-elected in 2004 as a Republican, but he had become an independent in 2005 and had qualified as an independent candidate for Governor in 2006. However, even though he got on the ballot successfully, he withdrew his name from the ballot and endorsed the Democratic nominee. It is believed that Senator Westlund, as a Democrat, may try to influence the Oregon Democratic Party to stop being so hostile to independent candidates. Oregon Democrats are responsible for making ballot access for independent candidates much worse during 2005.

Stufflebeam Set Illinois Write-In Record

Randy Stufflebeam, Constitution Party nominee for Illinois Governor, received 19,020 write-ins on November 7. This is the highest number of write-ins ever received by any minor party or independent candidate for any office in Illinois history.

The previous Illinois record number of write-in votes for any minor party or independent candidate was set in 2004, when Ralph Nader got 3,559 write-ins. Before that, the record has been the American Party’s 1972 presidential candidate, Congressman John G. Schmitz. He had received 2,471 write-ins in Illinois.

The Illinois Libertarian Party gubernatorial write-in candidate this year, Mark McCoy, received 476 write-ins. The Socialist Workers Party write-in candidate for Governor did not file as a declared write-in, so no one knows how many he received.

Alabama Ballot Access Hearing Postponed

The lawsuit Swanson v Bennett, which challenges Alabama ballot access laws, had been tentatively set for a hearing in the 11th circuit in January 2007. However, it has been postponed, and will be heard in February or possibly even a later month. The case challenges the 3% petition, and the June deadline.

Ballot Access-Friendly West Virginia Candidate Elected to Legislature

Ballot Access News has just learned that Barbara Fleischauer was elected to the West Virginia legislature last month. She served in the legislature in the past, but had been defeated for re-election in 2004. She is a Democrat who believes strongly that West Virginia ballot access laws are too harsh. She intends to re-submit her past bill, moving the petition deadline for minor party and independent candidates (for office other than president) from May to August (the presidential petition deadline is already in August). She is the wife of Law Professor Bob Bastress, who has won several important ballot access cases against West Virginia during the past 26 years.

In the meantime, the Libertarian Party lawsuit against that deadline is pending in the West Virginia Supreme Court.