Major Parties in Arkansas Support the Ballot Access Victory

Arkansas newspapers of August 24 report that Democratic and Republican Party officials, as well as the Democratic and Republican candidates for Governor, all say they agree with yesterday’s ballot access decision. That decision put the Green Party on the ballot and struck down Arkansas’ petition requirement for new parties.

The Secretary of State’s office says it will decide by August 25 whether to appeal the decision.

Pennsylvania Supreme Court Says Challenged Candidates Must Pay for Challenge Procedure

On August 23, the Pennsylvania Supreme Court ruled that Ralph Nader must pay approximately $80,000 in court costs, stemming from the challenge to his signatures in 2004. In re Nomination Paper of Nader, 17 MAP 2005. In Pennsylvania, when a candidate’s petition is challenged by private individuals or groups, the courts themselves must handle the signature-by-signature analysis of whether there are enough valid signatures. If the candidate is told he or she doesn’t have enough signatures, according to today’s ruling, the candidate must pay the court costs.

Pennsylvania Ballot Access Case Loses

On August 23, the 3rd circuit upheld the Pennsylvania ballot access laws for qualified minor political parties. Marakay v Cortes, 06-2241. The decision acknowledges that the Constitution, Green and Libertarian Parties polled enough votes in 2004 to meet the state’s definition of “political party”, but said that doesn’t show that these parties necessarily have voter support in 2006. The decision distinguished the 2003 Maryland highest state court’s ruling, which was favorable to minor party ballot access. In Maryland, parties needed one petition to qualify the party itself, and then separate candidate petitions. In Pennsylvania, by contrast, there is only one required petition. The decision can be read here.

Nebraska Democrats Try to Nominate by Convention

Nebraska holds its primary in May. At the May primary, no one filed to run for the Democratic nomination for Auditor. The incumbent, Kate Witek, a Republican, did not run for re-election, and the Republicans nominated someone else.

A few days ago, Witek changed her registration from Republican to Democratic, and announced she wanted to run for re-election after all. The Democratic Party then nominated her at its state convention. However, there is no provision in the law for a qualified party to nominate by convention, except for newly-qualifying parties, or in cases at which the primary nominee dies or withdraws. The Democrats say they will sue to get Witek on the ballot as the Democratic nominee. Witek is also free to be an independent candidate, if she can get 2,000 signatures by August 29. Also in the race are Constitution and Green Party nominees.