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.

Schwarzenegger Vetoes Electoral College Bill

California Governor Arnold Schwarzenegger vetoed AB 2948 on Saturday, September 30. This is the bill that would have authorized California to join a compact with other willing states. Once states containing a majority of electoral votes had signed the compact, these states would pledge to appoint presidential electors pledged to the national popular vote winner.

Strange Florida Law on Late Vacancies

On September 29, Florida Congressman Mark Foley resigned his seat and withdrew as a candidate for re-election, even though he had won the Florida Republican primary on September 5. Under Florida law, his name will remain on the November ballot. However, if the voters elect him, the actual winner will be the individual (whose name was not on the ballot) chosen by the Republican Party’s district 16 committee. A Republican state legislator, Joe Negron, has already declared he wants that nomination.