National Popular Vote Plan Has Legislative Sponsors in 28 States for 2007

In 2007, bills will be introduced in 28 states to pass the “National Popular Vote Plan” for president. The states are Alabama, Arizona, California, Colorado, Delaware, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and Wyoming. The organization supporting the plan may do an initiative in California, since the Governor vetoed it and is considered likely to be re-elected this year.

Louisiana Statewide Election, September 30

Louisiana held special elections on September 30 for Insurance Commissioner and Secretary of State. This was the first time the Libertarian Party had candidates on the Louisiana ballot (for office other than president) for which the party label was printed. This is as a result of an improvement in the ballot access law for parties, passed in 2004.

In the Insurance Commissioner’s race, there were two Republicans and a Libertarian. The Libertarian polled 10.6%. One of the Republicans polled slightly more than 50% and is now elected.

In the Secretary of State’s race, with four Republicans, one Democrat, one independent, and one Libertarian in the race, the Libertarian polled 1.8%. The independent polled 3.8.%. There will be a November run-off between the top two candidates, a Republican and a Democrat.

Media Believes Senator Lieberman Injured by Ballot Placement

Connecticut, like most states, does not treat all candidates equally, on the matter of ballot position. Major party nominees are automatically placed in the best spots on the ballot; then come previously qualified minor parties; then new parties; then independent candidates.

A minority of states, including all states in the 8th circuit, do give each party and each candidate an equal opportunity to appear on the best spot on the ballot. Courts outside the 8th circuit, for the most part, have refused to rule discriminatory ballot placement laws unconstitutonal, on the absurd grounds that it doesn’t make any difference.

News reports from the Connecticut U.S. Senate race make it clear that everyone in Connecticut who follows this issue does believe that ballot placement makes a difference in that race. There is speculation that the Republican nominee for U.S. Senate, who will enjoy the best spot on the ballot (because the Republican Party won the 2002 gubernatorial election) will get an advantage from his ballot position. There is also consensus that Senator Lieberman will suffer from appearing 6th on the ballot, behind the lines reserved for the Democratic, Republican, Green, Constitution and Libertarian Parties (there is no Libertarian on the ballot for US Senate, but there are Libertarians on the ballot for certain other statewide offices, so in towns using the party-column style, a blank Libertarian square will appear above Lieberman).

Also, in certain legislative districts in Connecticut, as well as one congressional district, the Working Families Party is a ballot-qualified party for those district offices, and it will also appear above Lieberman, even though it also lacks a U.S. Senate candidate.

New Hampshire Court Upsets Alphabet Plan

On September 28, a lower New Hampshire state court invalidated the Secretary of State’s plan for a fairer order of candidates on the ballot. Back in August, the State Supreme Court had ruled that all candidates must have an equal chance for the best spot on the ballot. This affected the order of party columns, and it also affected the order of candidates’ names, in multi-winner districts (some New Hampshire state house districts elect as many as 9 representatives).

Since the New Hampshire legislature did not pass any new law on the subject of ballot order, the Secretary of State had proposed that the old alphabetical listing should be altered, in this fashion: he would randomly choose a letter of the alphabet. For this year’s general election, he chose “k”. Then, he proposed that all candidates with a surname starting with “k” should be listed first, but after that, the normal alphabet would again prevail, so that candidates with surnames starting with “a” would follow the candidates whose surnames start with “k”.

The lower state court ruling said that plan isn’t good enough, because it still leaves candidates with surnames at the beginning of the alphabet better off than candidates with surnames at the end.