Ballot Access News has just learned that a write-in candidate was elected to the Massachusetts legislature on November 7, 2006. The incumbent state representative, Deborah Blumer (D-Framingham) had died on October 13, 2006. Her name was printed on the ballot as a candidate for re-election, and no other person’s name was on the ballot. Massachusetts election law did not permit the ballots to be reprinted, so that left the voters with the name of a deceased person on the ballot, and a write-in space. The Democratic Party organization endorsed Pam Richardson as a write-in candidate, and the Republican Party organization endorsed Nicolas Sanchez as a write-in candidate.

The results were: Richardson 4,259; Sanchez 3,045; other write-ins 1,811; and Blumer, the deceased candidate, 2,306.

Law Professor James Gardner has written “Deliberation or Tabulation? The Self-Undermining Constitutional Architecture of Election Campaigns.” It will be in the Buffalo Law Review, volume 54, and likely be in print in the spring of 2007.

The article points out that there is substantial agreement, in philosophical discussions about election campaigns, that the purpose of election campaigns is partly to persuade voters to a particular point of view. On the other hand, much ballot access jurisprudence adopts the view that candidates who start out with a low level of popular support should be kept off the ballot. These two concepts are antithetical to each other. The article highlights the contradiction.

Rogers v Cortes, the Pennsylvania ballot access decision issued by the 3rd circuit in September 2006, said that states have an interest in keeping “non-viable” candidates off the ballot. The 3rd circuit didn’t explore the philosophical implications of its conclusion, nor did it cite any authority for that view. The rehearing request for Rogers v Cortes is still pending. If the rehearing request is granted, attorneys for the political party-plaintiffs in that case can make good use of Professor Gardner’s excellent article.

Oklahoma State Senator Kenneth Corn, and State Representative Neil Brannon have said they will introduce a bill in 2007 to repeal Oklahoma’s straight-ticket ballot device. Both are Democrats. The Oklahoma legislature won’t convene until February 5, 2007. That makes at least 4 states in which attempts will be made to end straight-ticket devices. The others are New Hampshire, Kentucky and Texas.