Ballot Access News

BALLOT ACCESS NEWS
www.ballot-access.org
January 1, 2016
Volume 31 Number 8
MICHIGAN LEGISLATURE REPEALS STRAIGHT-TICKET

DEVICE
On December 16, the Michigan legislature passed SB 13, which repeals
the straight-ticket device. On December 22 the bill was sent to Governor Rick Snyder, a Republican.
Because the overwhelming majority
of Republicans in the legislature
voted for the bill, it is likely the Governor will sign it. Michigan Republicans have been trying to eliminate the
device for decades.
A straight-ticket device lets voters
vote for all the nominees of one party
with a single mark at the top of the
ballot. Voters who use it dont need
to look at the rest of the ballot.
Straight-ticket devices are harmful to
independent candidates because there
is no device for independent candidates. The devices also injure minor
party candidates. A candidate may
have a great deal of appeal, if only he
or she can get the voter to notice the
name on the ballot, but the device
causes up to 50% of the voters to
avoid looking at the ballot.
In 2010, when Wisconsin still had the
straight-ticket device, Green Party
nominee Ben Manski polled 31.1%
of the vote for Assembly, 77th district, in a race against both major
parties. An analysis of the election
returns showed that Manski actually
won the election among the voters
who did not use the straight-ticket
device. But when straight-ticket voters weighed in, he lost. Wisconsin
repealed the device in 2011. Other
states that have repealed it in the last
50 years are Delaware, Georgia, Illinois, Missouri, New Hampshire, New
Mexico, North Carolina, Rhode Island, South Dakota, and West Virginia.
States that still have it are Alabama,
Indiana, Iowa, Kentucky, Oklahoma,
Pennsylvania, South Carolina, Texas,
and Utah.
The Michigan bill was introduced

last year on January 20, but nothing
happened to it until November 10,
when it passed out of Committee and
also passed the Senate. On December 9, an amended version passed the
House. It then went back to the Senate, and back to the House again,
finally passing on December 16. The
final vote in the House was 54-52.
Six Republicans voted against it because they wanted other election law
provisions included in the bill.
The last time the Michigan legislature
repealed the device was in 2001.
However, supporters of the device
then stopped the bill by putting it on
the November 2002 ballot as a referendum. The voters rejected the repeal. That cant happen in 2016 because SB 13 has an appropriation,
and bills with appropriations cannot
be subject to a referendum.
COURT SEEMS TO
CRITICIZE CALIFORNIA
BALLOT LABEL LAW
On December 11, U.S. District Court
Judge Andre Birotte issued a procedural order in Soltysik v Padilla, the
case filed by the ACLU in October
2015 over ballot labels in California.
The lawsuit is on behalf of two Socialist Party registrants, who wish to
run for California legislature and
want to be identified on the ballot as
Socialists.
California law says only members of
qualified parties may have their party
on the ballot. These plaintiffs must
have Party preference: none on the
ballot. In California, parties do not
have nominees (except for President),
and the only purpose of the label for
candidates for Congress and state
office is to give the voters a clue as to
the candidates politics.
In Washington, the only other state

with a system like Californias, all
candidates may have any partisan
label they wish on the ballot, if it is
not obscene, nor longer than 15 letters. The California law is discriminatory, and the Washington example
shows the California law is not really
needed for any state purpose.
The order in the California case permits the group Californians for an
Open Primary to intervene in the
case. Californians for an Open Primary is a group created to support
Californias top-two system. It is
backed by the State Chamber of
Commerce and the Business Roundtable. The order says, Because the
Socialist Party USA is a nonqualified
political party, Plaintiffs are not permitted to reflect their party preference on the ballot but must instead
indicate falsely - that they have no
party preference. (emphasis added).
The other group that intervened in
court in the past to defend Californias top-two system, the California
Independent Voters Project, did not
intervene in this case.
The next action in the case will be a
status conference on January 25.
Initiative to Change Label Law
Meanwhile, a proposed California
Constitutional amendment has been
filed with the Attorney General. It
would remove party labels from all
ballots, for candidates for state office.
The proponent of this proposed initiative is represented by a law firm
that specializes in election law, the
James R. Sutton firm.
Proponents aim to qualify it in time
for the November 2016 ballot.
There is reason to believe that the
initiative has enough support to qualify for the ballot, and that the backers
are Republicans.
_______________________________________________________________
Ballot Access News, Bx 470296 San Francisco CA 94147, 415-922-9779, richardwinger@yahoo.com
January 1, 2016
MAINE REJECTS
LIBERTARIAN BALLOT
ACCESS; PARTY TO SUE
On December 9, the Maine Secretary
of State said that the Libertarian
Party is not a qualified party. The
law says a new party can qualify by
having 5,000 registered members by
December 1 of the odd year before an
election year. The Libertarian Party
submitted 6,700 voter registration
cards, but election officials only
processed and validated 4,489 by the
deadline. Some cards were rejected
because a blank wasnt filled in.
When that happens, the procedure is
to send them back to the voter and
ask for the form to be completed.
But, by the time the voter fixes the
error, the deadline is passed. Other
Libertarian registration cards were
submitted by the deadline, but the
town clerks didnt process them by
the deadline.
The party is about to file a federal
lawsuit, arguing that the December 1
deadline is unconstitutionally early.
The case will also attack the law that
says the Secretary of State must determine if enough registration cards
have been submitted by five days
after the deadline. There seems to be
no state interest in requiring the
checking to be done so fast.
The Reform Party had the same problem in Maine in December 1995. At
the time the party needed 21,051
registered members, all of whom had
to sign a petition. The Reform Party
was told it didnt have enough, but
after it sued, the town clerks said they
did have enough after all, and the
judge didnt need to issue an opinion.
That case was Citizens to Establish a
Maine Reform Party v Diamond.
The deadline back then was December 14, 1995.
The Maine Secretary of State has
already promised in writing to preserve the existing Libertarian registrations while the lawsuit is underway. Normally in Maine, when a
party goes off the ballot, all its members are converted to independents,
whether they desire that or not.
Ballot Access News
VIRGINIA BALLOT
ACCESS BILL
Virginia Delegate Sam Rasoul (DRoanoke) has introduced HB 82 into
the 2016 session of the Virginia legislature. In Virginia, unlike most
states, the legislative session is much
longer in even years than in odd
years, and bills have a greater chance
of passing in even years. The bill
changes the definition of party
from a group that got 10% of the vote
for any statewide race at either of the
last two elections, to 5%.
Rasoul introduced a similar bill in
2015, but it didnt pass. If the 2016
bill were to pass, the Libertarian
Party would be qualified, because it
polled 6.55% for Governor in 2013.
U.S. SUPREME COURT

ELECTION LAW RULING
On December 8, the U.S. Supreme
Court put out its first election law
decision of the current term. Shapiro
v McManus, 14-990. This concerns
redistricting, but it also concerns
court procedure.
Federal law says redistricting cases in
federal court are to be heard by a 3judge U.S. District Court, unless the
case is wholly insubstantial. U.S.
District Courts dont like to convene
3-judge cases, because the courts
have too much work as it is, and requiring 3 judges takes more resources.
In this case, which challenged Marylands U.S. House districts as an unconstitutional gerrymander by Democrats, the U.S. District Court did
not convene a 3-judge court because
the judge felt it is a weak case. The
Fourth Circuit agreed that the case
didnt need a 3-judge court. But the
U.S. Supreme Court unanimously
disagreed and sent the case back to
be heard in a 3-judge court. This decision will generally help plaintiffs in
election law cases.
Sometimes
judges wont permit evidence in such
cases; the Fourth Circuit has been
especially bad in recent years about
not permitting trials in ballot access
cases.
DEBATES LAWSUITS
One of the two federal lawsuits concerning who may be invited into the
general election presidential debates
has begun to move ahead. Level the
Playing Field v FEC, D.C., 1:15cv1397, now has a briefing schedule.
The first brief is due March 6 and the
final brief is due June 15. The plaintiffs argues that the FEC is obliged to
enforce campaign finance law against
the Commission on Presidential Debates. Federal campaign law does
not permit corporations to donate to
federal campaigns, and the lawsuit
argues that the for-profit corporations
that fund the Commission are making
a campaign contribution to the two
major party presidential nominees.
TEXAS MINOR PARTIES

THREATENED
The ballot status of the Libertarian
and Green Parties in Texas is at risk
after November 2016, because this
year the Democratic Party is running
a full slate of candidates for all the
statewide offices. Parties in Texas
remain on the ballot by polling 5%
for one statewide race, or 2% for
Governor. For 2004-2014, no Democrat ran for certain offices, and
those were the only offices for which
the Libertarians and Greens polled as
much as 5%. In 2014, the highest
Libertarian percentage for a statewide
office with both major parties in the
race was 3.39%, and for the Greens,
2.03%.
CHART ON PAGE THREE

The chart on page 3 lists 43 instances
in the last fifty years when a legislature passed a bill to make it easier for
a party to remain on the ballot. In all
cases except Alaska in 1986 and
Tennessee in 2015, the legislatures
did this voluntarily, without court
involvement. The median vote test
for a party to remain on the ballot is
2%, whereas in 1976 it was 5%. This
progress can be continued if activists
will ask legislators for improvements.
Now is the time to talk to legislators
about bills.
_______________________________________________________________
Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, richardwinger@yahoo.com
January 1, 2016
Ballot Access News
HISTORY OF CHANGES MAKING IT EASIER FOR A PARTY TO REMAIN ON BALLOT

Year
1969
1969
1971
1972
1977
1977
1978
1986
1986
1986
1987
1987
1989
1990
1991
1991
1991
1992
1993
1993
1994
1997
1997
1998
1998
1998
1999
1999
1999
1999
2001
2001
2002
2004
2005
2006
2009
2012
2012
2013
2014
2014
2015
State
Ohio
Idaho
Ohio
Tenn.
Arkansas
Vermont
Delaware
Alaska
Georgia
Hawaii
Nevada
Texas
Oregon
Mass.
Montana
Virginia
Wyoming
Arizona
So. Dak.
Nevada
Rhode Is.
No. Dak.
Alaska
Colorado
Maryland
Wyoming
Florida
Hawaii
Maine
D.C.
Minnesota
Oregon
Michigan
Louisiana
No. Dak.
No. Caro.
Maine
Nebraska
Utah
Ohio
Oregon
California
Tennessee
Old Law
10% for President or Governor
10% for any statewide race
10% for Governor
5% (of US House vote) for any race
2% for Governor
3% for Governor
5% of winners vote, any statewide race
10% for U.S. House
10% for Governor
5% for Governor
5% for Governor
3% for Governor
10% for Governor
registration of 10% of state total
3% for U.S. House
10% vote or was on for last 3 elections
5% for top office at last election
elected a president since 1950
of 1% for top office
5% for top office either of last 2 election
registration of 1% of last gub. vote
New Law
just run 3 candidates for federal or state office
have town committees in any ten towns
registration of one-twentieth of 1% of state total
3% for Governor
approximately 2% for any statewide office
If on for 3 elections in a row, then on for 10 more years
2% for Governor or 5% for any statewide race
same, at either of last two elections
3% for U.S. House
same, or also has registration of 2/3rds of 1%
2.5% for Governor
same, or also has registration of 3% of last gub. vote
1% for any statewide race, or 1,000 registrants
2% for U.S. House, Governor, or Secretary of State
just be organized
same, or 2% for all state legislative races
5% for top office at either of the last two elections
7,500 votes for any district race
same, or registration of of 1%
of 1% for any statewide race
registration of 1,000 members
same, or 5% for Secretary of State or Attorney General
have 10,000 registered members who go to polls
same, at either of the last two elections
3% for President or Governor at either of last 2 elections
registration of one-third of 1% of state total
This chart lists instances in the last 50 years in which a legislature eased the law on how a party remains on the ballot. These
changes were brought about by activists asking their legislators to improve the law. Often election officials helped, because it
is burdensome on election officials to constantly check the validity of ballot access petitions.
States in which the laws for retention of party status have been made more severe in the last 50 years are: Alabama 1982,
from zero to 20%; Indiana 1980, from of 1% to 2% ; New Mexico 2014, from of 1% at either of the last two elections, to
of 1%, by ruling of the Secretary of State; New Hampshire 1997, from 3% for Governor, to 4% for Governor or U.S. Senator; Pennsylvania 1986, from 2% of the winning candidates vote, to registration of 15%; and Washington 2009, 5% for any
statewide race to 5% for President.
____________________________________________________________
January 1, 2016
Ballot Access News
PRESIDENTIAL PRIMARY CANDIDATES WHO GOT ON BALLOTS IN DECEMBER

The last B.A.N. listed all the candidates who got on 2016 presidential primary ballots in Arkansas, Florida, Michigan, New
Hampshire, and South Carolina. The chart below shows the same information for candidates who have been put on ballots
since that issue came out. Corrections to the previous chart: Rocky De La Fuente is on in the Michigan Democratic primary,
and Bobby Jindal and Lindsey Graham have withdrawn from the South Carolina Republican primary.
DEMOCRATS
Kennedy King Brown, Alabama
Steve Burke, New York
Hillary Clinton, New York
Rocky De La Fuente, California
Calvis L. Hawes, Texas
Henry Hewes, New York
Keith Judd, Texas
Star Locke, Texas
Martin J. OMalley, Maryland
Bernie Sanders, Vermont
Michael Steinberg, Florida
Willie Wilson, Illinois
John Wolfe, Tennessee
AL.
AZ.
ID.
X
X
X
X
X
LA.
X
X
X
X
X
MASS
X
X
N.C.
X
X
OH.
X
X
OK.
X
X
TN.
TX.
X
X
X
VA.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
REPUBLICANS
Jeb Bush, Florida
Ben Carson, Florida
Chris Christie, New Jersey
Tim Cook, North Carolina
Ted Cruz, Texas
Carly Fiorina, Virginia
Jim Gilmore, Virginia
Lindsey Graham, South Carolina
Elizabeth Gray, Texas
Mike Huckabee, Florida
John R. Kasich, Ohio
Peter Messina, Florida
George Pataki, New York
Rand Paul, Kentucky
Marco Rubio, Florida
Rick Santorum, Virginia
Donald Trump, New York
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
GREENS
Darryl Cherney, California
S. K. C. M. Curry, California
William Kreml, South Carolina
Kent Mesplay, California
Jill Stein, Massachusetts
X
X
X
X
X
X
X
CONSTITUTION PARTY
Scott Copeland, Texas
J. R. Myers, Alaska
Patrick Ockander, Texas
X
X
X
____________________________________________________________
January 1, 2016
Ballot Access News
2016 PETITIONING FOR PRESIDENT

STATE
REQUIREMENTS
FULL PARTY
CAND
SIGNATURES COLLECTED
LIB'T
GREEN
CONSTI
THREE TYPES OF DEADLINES

Full Party
Pres Party
Pres. Indp.
Ala.
35,413
5,000
0
0
0
Mar. 1
Mar. 1
Aug. 18
Alaska
(est) (reg) 8,400
#3,005 already on
*1,000 already on
May 2
Aug. 10
Aug. 10
Ariz.
20,119 (est) #36,000 already on already on
0
March 3
Sep. 9
Sep. 9
Ark.
10,000
#1,000 already on already on already on
Sep 2 15
Aug. 1
Aug. 1
Calif.
(es) (reg) 61,000
178,039 already on already on
355
Jan. 4
July 11
Aug. 12
Colo.
(reg) 1,000
#pay $1,000 already on already on already on
Jan. 8
Aug. 10
Aug. 10
Conn.
no procedure
#7,500
*0
*0
*0
-Aug. 10
Aug. 10
Del.
(est.) (reg) 650
(est.) 6,500 already on already on
*331
Aug. 20
Aug. 20
July 15
D.C.
no procedure (est.) #4,600
cant start already on
cant start
-Aug. 10
Aug. 10
Florida
be organized
119,316 already on already on already on
April 15
Sep. 1
July 15
Georgia
51,912
#49,336 already on
*in court
*in court
July 12
July 12
July 12
Hawaii
707
#4,347 already on already on
250
Feb. 24
Aug. 10
Aug. 10
Idaho
13,047
1,000 already on
*0 already on
Aug. 30
Aug. 30
Aug. 24
Illinois
no procedure
#25,000
cant start
cant start
cant start
-June 27
June 27
Indiana
no procedure
#26,700 already on
0
0
-June 30
June 30
Iowa
no procedure
#1,500
0
1,200
0
-Aug. 19
Aug. 19
Kansas
16,960
5,000 already on
0
0
June 1
June 1
Aug. 1
Ky.
no procedure
#5,000
*0
*0
*0
-Sep. 9
Sep. 9
La.
(reg) 1,000
#pay $500 already on already on
185
May 21
Aug. 19
Aug. 19
Maine
(reg) 5,000
#4,000
*in court already on
0 Dec 1 2015
Aug. 1
Aug. 1
Md.
10,000 (est.) 38,000 already on already on
0
Aug. 1
Aug. 1
Aug. 1
Mass.
(est) (reg) 45,000
#10,000
10,920 already on
96
Feb. 2
Aug. 2
Aug. 2
Mich.
31,519
July 21
July 21
July 21
Minn.
98,770
#2,000
0
0
0
May 2
Aug. 23
Aug. 23
Miss.
be organized
Feb. 1
Sep. 9
Sep. 9
Mo.
10,000
10,000 already on
*800 already on
July 25
July 25
July 25
Mont.
5,000
#5,000 already on
0
0
Mar. 17
Aug. 17
Aug. 17
Nebr.
5,395
2,500 already on
*400
0
Aug. 1
Aug. 1
Aug. 1
Nev.
5,431
5,431 already on
500 already on
June 3
June 3
July 8
N. Hamp.
14,556
#3,000
*0
*0
*0
Aug. 10
Aug. 10
Aug. 10
N.J.
no procedure
#800
0
0
0
-Aug. 1
Aug. 1
N. M.
2,565
June 30
June 30
June 30
N.Y.
no procedure
#15,000
cant start
-Aug. 23
Aug. 23
No. Car.
89,366
89,366 already on
*12,000
0
May 17
May 17
June 9
No. Dak.
7,000
#4,000 already on
0
4,000
Apr. 16
Sep. 5
Sep. 5
Ohio
30,560
5,000
in court already on
0
July 6
July 6
Aug. 10
Okla.
24,745
40,047
*30,000
*3,000
0
March 1
July 15
July 15
Oregon
22,046
Aug. 30
Aug. 30
Aug. 30
Penn.
no procedure
*21,590
cant start
cant start
cant start
-Aug. 1
Aug. 1
R.I.
16,203
#1,000
0
0
0
Aug. 1
Sep. 9
Sep. 9
So. Car.
10,000
May 8
May 8
July 15
So. Dak.
6,936
2,775
*5,000
0
*7,000
Mar. 29
Mar. 29
*Aug. 4
Tenn.
33,816
275
0
in court
in court
Aug. 10
Aug. 10
Aug. 18
Texas
47,086
79,939 already on already on
cant start
May 16
May 16
May 9
Utah
2,000
#1,000 already on
200 already on
Feb. 15
Aug. 15
Aug. 15
Vermont
be organized
#1,000 already on
0
0 Dec 31 15
Aug. 1
Aug. 1
Virginia
no procedure
#5,000
*0
*0
*0
-Aug. 26
Aug. 26
Wash.
no procedure
#1,000
cant start
cant start
cant start
-July 23
July 23
West Va.
no procedure
#6,705 already on already on
9,650
-Aug. 1
Aug. 1
Wisc.
10,000
#2,000 already on already on already on
April 1
Aug. 2
Aug. 2
Wyo.
3,302
3,302 already on
June 1
June 1
Aug. 30
STATES ON
31
22
15
#partisan label is permitted on the ballot (other than independent). CONSTI = Constitution Party. The number of signatures
for new parties is in court in Tennessee; for independents, in New Mexico. * = change since Nov. 1, 2015 issue.
____________________________________________________________
January 1, 2016
Ballot Access News
MINOR PARTIES IN STATE ELECTIONS,

NOVEMBER 2015
GREEN PARTY SETS CONVENTION AFTER

DEMOCRATIC CONVENTION
Below are the vote totals for the only minor parties that ran
any nominees in the regularly-scheduled legislative elections of November 3, 2015:
The Green Party has tentatively decided to hold its presidential convention August 6-7. This is later than the Democratic convention, which will be July 25-28. This is the
first time the Green Party has held its presidential convention after the Democratic convention.
2015 STATE SENATE ELECTIONS

PARTY
Mississippi
Indp. Green
Virginia
--
13,486
Libertarian
1,746
527
Reform
1,784
--
2015 STATE HOUSE ELECTIONS

PARTY
Mississippi
New Jersey
Virginia
Green
--
6,836
2,367
Indp. Green
--
--
8,576
600
616
4,996
Libertarian
The minor party candidate with the best showing in a race

with both a Republican and a Democrat was New Jersey
Green Party nominee Kenneth Collins, who got 8.62%.
The minor party candidate with the best showing in a race
with only one major party opponent was also a Green, J. B.
Jeff Staples of Virginia. He got 30.36%.
Only two states had gubernatorial elections on November
3, 2015. Kentucky had no minor party nominee for Governor. In Mississippi, the only minor party candidate for
Governor was Shawn OHara, who got 9,845 votes, or
1.37%. The best showing for a minor party nominee in a
statewide race was the Reform Party nominee for Mississippi Treasurer, Viola McFarland, She was in a twoperson race and got 134,014 votes, 20.76%.
WORKING FAMILIES PARTY WON

PARTISAN ELECTION IN NOVEMBER
The December B.A.N. had a list of minor party nominees
who won partisan elections on November 3, 2015. But that
list erroneously omitted the Working Families Party nominees who were elected to the Hartford, Connecticut, city
council. They are Cynthia Jennings, Wildaliz Bermudez,
and Larry Deutsch. Hartford elects council members atlarge, and wont let any party nominate more than six
nominees. But the top nine are elected. This system exists
so that one party doesnt win all the seats. In effect, the
WFP nominees just had to defeat the Republican nominees,
which they did.
PROHIBITION PARTY NOW QUALIFIED IN

MISSISSIPPI
The Prohibition Party is now a ballot-qualified party in
Mississippi. Its presidential nominee, Jim Hedges, will be
the first Prohibition Party nominee on in Mississippi since
1896.
The party has also qualified Hedges in Colorado and Arkansas, and has finished petitioning in New Jersey. However, the New Jersey Department of State says the party
must prove that all its candidates for presidential elector
are not in prison and are not on parole, and that they are at
least 25 years of age. Until the party can produce the
proof, the petition wont be checked.
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BALLOT ACCESS NEWS

MICHIGAN LEGISLATURE REPEALS STRAIGHT-TICKET

The Michigan bill was introduced

In Washington, the only other state