Doug Friedline died on November 10, of a heart attack, at the age of 49. He had been been a leading political consultant for anyone who ran for office outside the major parties. He had worked for Ross Perot and had assumed leadership in Jesse Ventura’s campaign. He had also worked for at least one Libertarian gubernatorial candidate, in New Jersey, and had been working for Max Linn (Reform Party candidate for Governor of Florida) this year. Friedline’s home was in Chappaqua, New York, but he died in Treasure Island, Florida. Thanks to Darcy Richardson for this news.
Ballot Access News is only aware of eleven instances at which minor parties won partisan elections on November 7, 2006. If anyone knows of any not mentioned below, please comment.
The known instances for state office are six Vermont Progressives elected to the Vermont House, and one Constitution Party nominee elected to the Montana House.
For local partisan office, the list is: Libertarian Steve Coffman elected to the Liberty Township Board in Henry County, Indiana; Libertarian Conley Tillson elected to the Clay Township Board in Wayne County, Indiana; Jackie Berg, Constitution Party nominee elected Clerk-Treasurer of Eureka County; Cel Ochoa, Constitution Party nominee elected Constable in Searchlight, Nevada. These local office minor party nominees all defeated major party nominees, with one exception. In the Clay Township Board election, three members were to be elected, yet only two Republicans (and no Democrats) ran against three Libertarians.
In 2008, an independent presidential candidate in Texas will need 74,108 signatures. But a new party will need 43,939 signatures.
Completion of a new party petition will enable that party to nominate someone for every partisan office in the state. With 254 counties, all using partisan elections, each electing at least six or seven county offices, plus all the state and federal offices, a single new party petition could potentially add several thousand candidates to the November 2008 ballot.
But an independent presidential petition only adds one name to the ballot. Clearly, it is absurd for Texas to require 30,000 more signatures for an independent presidential candidate than for an entire new party. If anyone in Texas reads this, please ask your state legislator for a bill to ease the independent presidential petition. Another foolish aspect of the Texas presidential law is that statewide independent candidates for office other than president need 43,939 signatures in 2008, rather than 74,108. Still another foolish aspect is that independent petitions are due two weeks before the new party petition.
The United States has had popular elections for U.S. Senate starting in 1914. In the entire history of these elections, there had never been a U.S. Senate election in which the combined Democratic-Republican Party vote for U.S. Senate had fallen below one-third of the vote, until November 7, 2006. In that election, in Vermont, over two-thirds of the voters chose someone who wasn’t a Democrat or a Republican. Of course, the vast bulk of this “other” vote went to Bernie Sanders, who received 65% of the vote. The total “other” vote in the Vermont race was 67.6%.
Previous to 2006, the record had been in Minnesota in 1928, when 66.3% of the voters had voted for someone other than a Democrat or Republican.
In the opinion of Ballot Access News, a model state ballot access for minor parties would closely resemble the laws in place in Colorado, Delaware and Louisiana. Ballot-qualified status for a minor party should be based on whether it has a reasonable number of registered voters. It should not be based on a party’s vote in the previous election. Colorado and Louisiana define a ballot-qualified minor party to be a group with 1,000 registered voters; Delaware defines it to be a group with registration of one-twentieth of 1% of the state total.
Of course, this model law cannot be applied in the 21 states that do not have registration by party.
The advantage of using registration data, instead of votes cast at a previous election, are: (1) registration data is current, whereas votes in a previous election are not. Sometimes parties that pass the vote test in a previous election cease to exist. California recognized the Natural Law Party in 2004 and 2006, because it had polled 2% in 2002. But the party had ceased to exist in 2004 and 2006, and California wasted money printing up Natural Law Party ballots when no one ran in that party’s primary in either year.
(2) Using a voter registration test, instead of a vote test, gives minor parties the option to skip the statewide races, if they wish, and just concentrate on offices that are easier to win, such as state legislative seats and partisan county and city offices. But when a statewide vote test is used, minor parties are forced to compete in statewide contests even if they may not wish to.
(3) Voter registration tests do not cost much money to administer. By contrast, petitions, as a method to qualify new parties, do force elections officials to waste public money on the petition-checking process. Petition-checking generally costs 10 cents per signature. And if elections officials use the challenge system, and don’t check petitions unless a private group challenges the petition, the results are often unjust. Petitioning parties are least likely to be challenged if those parties have so little appeal that they don’t threaten either major party, and most likely to be challenged if they have real voter support.
(4) Petitioning is inherently flawed. There are always illegible signatures. There are always signatures from people who have moved and re-registered so recently that the voter registration records are not up to date. Disputes about the number of valid signatures are costly to resolve.