Independent Candidates for State Legislatures have Been Consistently Winning More Seats in Last Decade

More independent candidates for the legislature have been getting elected during the last decade, compared to previous years. In every even-numbered general election, more than ten independent candidates have been elected in 2022, 2020, 2018, 2016, and 2014. But there are no years in which more than ten independents got elected to state legislatures at any time 1975-2010.

The highest number of independent winners since World War II was in 2012, when 17 were elected.

The number of winners in other recent years has been: 2022, thirteen (at least); 2020, fifteen; 2018, thirteen; 2016, twelve; and 2014, fifteen.

The main cause is probably the growing movement to eliminate straight-ticket devices. Fifteen states have repealed them 1965-2020. Only six still have the device: Alabama, Indiana, Kentucky, Michigan, Oklahoma, and South Carolina. Another cause is the switch from party-column ballot format to office-block format. Only five states still don’t use office-block: Connecticut, Delaware, New Hampshire, New Jersey, and New York.

Alaska State Court Will Soon Adjudicate Challenge to Legislator Based on Loyalty Provision of State Constitution and Membership in Oath Keepers

Alaska Representative David Eastman (R-Wasilla) was re-elected this month. Consequently, a lawsuit challenging his eligibility to serve as a legislator, based on his membership in the Oath Keepers, will move ahead this month. The lawsuit was filed on July 29, 2022, but it was delayed because no one could know if he was going to be re-elected. He was re-elected with 51.3% of the vote.

The case is Kowalke v Eastman, Superior Court, 3rd district, 3AN-22-07404. The Alaska Constitution, Article XII, sec. 4, says, “No person who advocates, or who aids or belongs to any party or organization or association which advocates the overthrow by force or violence of the United States or of the state shall be qualified to hold any public office of trust or profit under the Constitution.”

Eastman is a life-member of Oath Keepers, and he was at the national capitol on January 6, 2021. Here is a link to documents in the case.

D.C. Circuit Sets Hearing Date for Jill Stein’s Appeal on 2016 Primary Matching Funds Repayment

The U.S. Court of Appeals, D.C., will hear Stein v Federal Election Commission, 21-1213, on Wednesday, January 18. The issue is whether Jill Stein, the 2016 Green Party nominee, must repay $175,000 in primary season matching funds. The FEC shifted the rules in 2016. Previously, the primary period ended when the presidential candidate had finished campaigning for the last party nomination in the calendar, which for Stein was her campaign for the Peace & Freedom nomination, which nominated on August 13, 2016. But the FEC changed that rule, and said the primary season ended when she won the Green Party nomination on August 5. Therefore, the money Stein received between August 5 and August 13 could not be matched, and the matching money she received for that period must be repaid, according to the FEC as it applies its newer rule.

Seven Independent Legislators Elected in New England States

On November 8, 2022, one independent was elected to the Massachusetts House; one was elected to the Rhode Island House; two independents were elected to the Maine House; and three independents were elected to the Vermont Hoouse.

Massachusetts: Susannah Whipps.
Maine: William D. Pluecker and Walter D. Riseman.
Rhode Island: Jon D. Brien.
Vermont: Jed Lipsky, Laura Sibilia, and Kelly Maclaury Pajala.

Six Alaska Independent Candidates Elected to State House

At the November 8, 2022 election, six independents were elected to the Alaska State House. Ironically, however, none of them were helped by Ranked Choice Voting. In all six races, either the independent had no opponent, or had just one opponent. So RCV didn’t have any effect on the race.

The six are Daniel Ortiz, Rebecca Himschoot, Calvin Schrage, Alyse Galvin, Bryce Edgmon, and Josiah Patkotak. The latter two were unopposed. The first four each had a Republican opponent.