U.S. Supreme Court Asks New Jersey to Respond in Ballot Labels Lawsuit

On June 5, the U.S. Supreme Court asked New Jersey to respond to the pending cert petition Mazo v Way, 22-1033. This is the case that challenges the New Jersey law on ballot labels for primary candidates. New Jersey lets primary candidates put up to six words on the primary ballot, to give the voters a sense of the candidate’s identity or philosophy. But New Jersey limits the label, by saying if the label mentions a living person, that person must give consent; and if the label mentions a New Jersey corporation, that corporation must give its consent.

The fact that the U.S. Supreme Court wants a response from the state means the justices are at least somewhat interested in the case. The state response is due July 5. Probably the Court won’t decide whether to hear the case until late September, after the Court’s summer recess.

Cornel West announces Candidacy for POTUS

Cornel West, 70, announced today that he is seeking the nomination for President of the United States of the People’s Party, more formally known as Movement for a People’s Party, which is a Progressive minor party in the United States. Dr. West is an academic who has previously held faculty positions at several Ivy League universities. The People’s Party currently has ballot access only in Florida. Based on numbers in the June 1, 2023 edition of Ballot Access News, The People’s Party and the West Campaign (assuming he receives the party’s nomination) will need to obtain 674,072 valid signatures in 45 states and the District of Columbia, plus pay filing fees or become organized in four states, in order to appear on the November 2024 ballot in all 50 states and DC. Here is an in-depth interview and analysis from Chris Hedges:

https://chrishedges.substack.com/p/dr-cornel-west-announces-he-is-running?utm_source=cross-post&publication_id=778851&post_id=126040205&isFreemail=true&utm_campaign=1156402&utm_medium=email

HT to Eric Garris for drawing my attention to Mr. Hedges’ article.

Libertarian Party of Arkansas Petition Drive Update

During the Libertarian National Committee online meeting of June 4, 2023, Michael Pakko, Chair of the Libertarian Party of Arkansas (“LPAR”), reported that about 2,000 signatures have now been gathered in that petition drive, almost all done by volunteers. The signature validity percentage rate is running in the high 70’s, he reported. Two paid petitioners have been hired, with possibly two more to be hired in the near future. This petition drive, in which 10,000 valid signatures of Arkansas registered voters are required, with a deadline of February 13, 2024, was necessitated by the LPAR candidate for Governor in 2022 getting less than 3% of the vote. If successfully completed, the petition drive will qualify the LPAR to be able to run a candidate in all partisan elections in Arkansas in the November 2024 General Election.

Interesting Twist on Single Winner Ranked Choice Voting

Edward B. Foley, a Professor of Law at The Ohio State University, recently posted on Election Law Blog a proposal for “Total Vote Runoff” (“TVR”), which is like Single Winner RCV, except for the vote transfer methodology. Instead of using only first place (and transferred first place) votes to decide which candidates are eliminated, he proposes calculating each remaining candidate’s “Total Votes” score using Borda count, then eliminating the candidate with the lowest Total Vote score before votes are transferred to each voter’s next choice candidate. This continues until one candidate has a majority of votes.

For example, in a four candidate election with a single winner, if no candidate received a majority of first choice votes, the candidate with the fewest first choice votes would not necessarily be eliminated, as is the case with standard single winner RCV. Instead, a Total Votes score would be calculated for each candidate using the following formula:

(3 x # of first choice votes) + (2 x # of second choice votes) + (1 x # of third choice votes) + (0 x # of fourth choice votes).

Therefore, each voter would be allocating six (3+2+1) Total Vote score points among all four candidates. If a voter did not rank all four candidates, the unused points would be evenly split among the unranked candidates, including fractional points.

The candidate with the lowest Total Votes score would be eliminated, with each affected voter’s vote then transferred to their next choice candidate.

This process would continue with three or two remaining candidates until someone had a majority of votes or had more votes if only two candidates remain.

Mr. Foley argues that there is a greater chance of a single winner candidate having majority support with the TVR methodology than with the standard RCV vote transfer process. He cites evidence from the August 2022 US House election in Alaska that “non-MAGA” Republican candidate Nick Begich was probably more popular with voters than Representative-elect Mary Peltola, but had fewer first choice votes than Sarah Palin, and was therefore eliminated first in the three-way race using the standard RCV vote transfer process.

His close to finished draft article on TVR, soon to be published in the University of New Hampshire Law Review, can be read here:

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Voter Registration Suppression in Florida & History of Third Party Voter Registration Drives

The Republican Party is frequently accused of voter suppression. While some of such claims are debatable, it appears that the shoe fits for legislation regulating Voter Registration drives that was recently passed in Florida. Joshua Douglas wrote an article in Washington Monthly:

https://washingtonmonthly.com/2023/05/31/floridas-new-law-takes-aim-at-voter-registration/

and has written a very interesting history of Third Party Voter Registration drives, by which he means not just minor parties but also other “good government” groups (7,649 words):

https://responsivegoverning.org/research/a-history-of-third-party-voter-registration-drives/

Thanks to Richard Pildes for blogging about this at Election Law Blog.

As an aside that has nothing to do with the two links above, to clarify what I think is the proper vernacular that is not, but should be, universally followed, “Ballot Access” should refer to the ability of political parties and candidates to appear on ballots, while “Voting Rights” should refer to the ability of eligible voters to actually cast votes.