New Jersey Hints at Settling Some Issues in Minor Party Lawsuit

On October 13, the Green, Libertarian and Conservative Parties of New Jersey had filed a lawsuit in New Jersey state court, over several election law issues of discrimination against minor parties. The state still hasn’t answered the complaint, and is technically in default. However, the attorney for the state has hinted that some of the issues in the case may be settled by stipulation. We will probably know which issues those are in the next week. The case is Green Party of NJ v State, MER-C-125-06.

Texan Who Had Only Polled 19.9% on November 7 is Elected to Congress

On December 12, voters in Texas’ 23rd US House district chose Ciro Rodriguez to be the district’s new member of Congress. He is a Democrat. The vote was Rodriguez 54%, incumbent Henry Bonilla (a Republican) 46%.

The 23rd district is one of five districts in Texas that had its boundaries redrawn in the middle of 2006, because the US Supreme Court had ruled that the old boundaries violated the Voting Rights Act. Because the Texas primary had already occurred when the lines were redrawn, Texas re-opened filing for these five districts and let anyone run in November. Because there were multiple candidates from each party, Texas also provided that these 5 districts should have run-offs on December 12 if no one got a majority in November.

The other 4 newly-drawn districts did not require a run-off. But in the 23rd district, a run-off was needed because no one had polled 50% in November. Incumbent Bonilla had polled 48.6% of the vote; Rodriguez had polled 19.9%; two other Democrats had each polled between 12% and 11%; and five other candidates had split the remainder. It is unusual that a candidate who polled less than 20% of the vote in the first round, won the run-off.

Congressional Democrats Likely to Push Paper Trail

On December 12, U.S. Senator Dianne Feinstein (D-Ca) and U.S. House members Robert Wexler (D-Fl) and Rush Holt (D-NJ) said they will try to pass a bill in 2007, outlawing vote-counting machines that don’t create a paper trail. Senator Feinstein said her bill would include another provision, making it illegal for elections officials to engage in campaign activities for partisan candidates other than themselves. However, generally Congress has no authority over non-federal elections, so it is not clear how this would be constitutional.

Senator Ben Westlund Joins Oregon Democratic Party

Oregon State Senator Ben Westlund announced on December 12 that he has registered as a Democrat. He had been re-elected in 2004 as a Republican, but he had become an independent in 2005 and had qualified as an independent candidate for Governor in 2006. However, even though he got on the ballot successfully, he withdrew his name from the ballot and endorsed the Democratic nominee. It is believed that Senator Westlund, as a Democrat, may try to influence the Oregon Democratic Party to stop being so hostile to independent candidates. Oregon Democrats are responsible for making ballot access for independent candidates much worse during 2005.

Stufflebeam Set Illinois Write-In Record

Randy Stufflebeam, Constitution Party nominee for Illinois Governor, received 19,020 write-ins on November 7. This is the highest number of write-ins ever received by any minor party or independent candidate for any office in Illinois history.

The previous Illinois record number of write-in votes for any minor party or independent candidate was set in 2004, when Ralph Nader got 3,559 write-ins. Before that, the record has been the American Party’s 1972 presidential candidate, Congressman John G. Schmitz. He had received 2,471 write-ins in Illinois.

The Illinois Libertarian Party gubernatorial write-in candidate this year, Mark McCoy, received 476 write-ins. The Socialist Workers Party write-in candidate for Governor did not file as a declared write-in, so no one knows how many he received.