No Major Party Contest in 37.6% of All Legislative Districts

In November 2006, there are 6,159 partisan legislative races in the 45 states that hold such elections in even-numbered years. Of those races, in 2,316 there is either no Democrat running, or no Republican running. This means that there is no contest between a Democrat and a Republican in 37.60% of all state legislative races this year.

In 2004, the story was similar; 38.7% of all legislative races had no contest between a Democrat and a Republican.

There are 10,725 individuals on the ballot as candidates for a state legislative election this year. That includes 5,178 Democrats, 4,824 Republicans, 272 Libertarians, 111 Constitution Party nominees, 75 Greens, 22 Working Families nominees, 17 Vermont Progressives, 16 Minnesota Independence nominees, 14 New York Conservatives, 9 Personal Choice nominees in Utah, 8 Reform nominees, 7 Peace & Freedom nominees in California, 5 New York Independence nominees, 5 Delaware Independent Party nominees, 4 Liberty Union nominees in Vermont, 2 Socialist Equality nominees, and one nominee from each of these parties: Alabama Freedom, Alaskan Independence, Idaho Unity, Socialist Workers, Socialist, Populist, Right to Life, United Citizens, and Mountain.

There are also 147 independent candidates, some of whom have labels other than just the word “independent”.

Almost all political parties in the U.S. have nominees in a smaller share of districts than they did in 2004. The only exceptions are the Democratic Party, the Peace & Freedom Party, the Delaware Independent Party, the Socialist Equality Party, and the Vermont Progressive Party. In 2004 the Republicans had nominees in 81.2% of the districts, but this year they have nominees in 78.3% of the districts. The Democrats, by contrast, had nominees in 80.2% of the districts in 2004, and have them in 84.1% this year.

The November 1, 2006 Ballot Access News paper edition will have the state-by-state details. In the case of individuals who have the nomination of more than one party, that individual was only counted once, according to his or her party membership.

9th Circuit Rules that Card Tables Used for Expressive Activity Cannot be Banned on Public Fora

On October 20, the 9th circuit ruled 3-0 that a Las Vegas ordinance banning card tables from a public street that is closed to cars and open to pedestrians, is unconstitutional, as applied to those who are using the card table for expressive activity (as opposed to commercial activity). The case is ACLU of Nevada v City of Las Vegas, 05-15667. Although the plaintiffs were more interested in passing out literature than in petitioning, the opinion clearly helps those who desire to obtain signatures on a petition.

Connecticut 5-Way Senate Debate Appears to Help Lieberman

On October 18, the 5 candidates for U.S. Senate in Connecticut debated each other. They were the nominees of the Democratic, Republican, Green and Constitution Parties, and incumbent Joe Lieberman, who is the nominee of his own party, the Connecticut for Lieberman Party. The debate drew considerable attention, including a major article in the New York Times that quoted all five candidates.

A Quinnipiac Poll was released on October 20. It is the first poll announced since the debate, and it shows that Senator Lieberman increased his lead. The results: Lieberman 52%, Lamont (Dem) 35%, Schlesinger (Rep) 6%, other and undecided 7%.

Alabama Ballot Access Hearing Will be Week of January 27, 2007

The 11th circuit will hold a hearing in Swanson v Worley the week of January 27, 2007, in Montgomery, Alabama. This is the challenge to Alabama ballot access laws for minor parties and non-presidential independent candidates. Alabama requires a petition of 3% of the last gubernatorial vote, the highest in the nation, when one compares the states by looking at the easier method to get on the ballot (minor party and independent).

Constitutional challenges to petition requirements for minor parties are pending in Alabama, Alaska, New Hampshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, and West Virginia.