Professional Documents
Culture Documents
www.ballot-access.org
December 1, 2015
Volume 31 Number 7
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Ballot Access News, Bx 470296 San Francisco CA 94147, 415-922-9779, richardwinger@yahoo.com
December 1, 2015
The law says if a party wont let independents into its primary, then its
nominees cant be on the general
election ballot unless they complete
independent candidate petitions, and
even if they do, they get no party
label. The judge seemed to take it for
granted that this is so severe, it gives
parties no real choice.
This is only the second time a semiclosed primary had been declared
unconstitutional. The other instance
was in 2007, when the Arizona Libertarian Party won a similar lawsuit.
The Arizona Libertarians didnt want
independents voting in the Libertarian primary, because there are so
many more independents than registered Libertarians, the voice of the
registered Libertarian voters would
have been drowned out. Semi-closed
primaries are those in which independent voters may vote in any
partys primary, but registered members of parties can only vote in their
own partys primary.
Judge Nuffer upheld another Utah
law, which lets someone who has
little or no support at a party caucus
still run in a primary, by submitting a
petition. However, he construed that
law to mean that only registered party
members could sign such primary
petitions.
The Republican Party still believes
that it has a right to block candidates
from running in its primary if they
dont have 35% or more support at a
party meeting. The party will ask the
Utah Supreme Court to settle that
issue, which will require that the U.S.
District Court certify the question to
the State Supreme Court.
KENTUCKY
LIBERALIZES VOTING
RIGHTS FOR EX-FELONS
On November 24, outgoing Kentucky
Governor Steve Beshear issued an
executive order, vastly easing the
ability of most ex-felons to register to
vote. Ex-felons in Kentucky cannot
register to vote unless the Governor
intervenes and awards them the ability to register. But under the new
procedure, such approval will be
automatic for most ex-felons, unless
they were convicted of a violent
crime, or bribery, or treason. The
new Governor, who takes office in
soon, supports the liberalization.
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Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, richardwinger@yahoo.com
December 1, 2015
SLOW JUDGES
To an unusual degree, federal judges
in many states are taking a long time
to decide ballot access cases, even in
the face of impending elections.
Alabama: the lawsuit Hall v Bennett
was filed September 17, 2013. The
issue is whether the state can require
independent candidates in special
elections to complete a petition of
3% of the last gubernatorial vote,
given that such candidates typically
only have two months between the
announcement of the election and the
petition deadline. There is still no
decision. The case was transferred
from Judge Mark Fuller to Judge
Myron Thompson on August 20,
2014.
In the meantime, 5 special legislative
elections have been held in Alabama,
or are about to be, since the case was
filed. No independent was able to
qualify in any of them, but if the decision had come out earlier, and if it
were favorable, there probably would
have been such candidates on the
ballot.
Arizona: all the briefs in Arizona
Green Party v Bennett were filed in
the Ninth Circuit by November 21,
2014, over a year ago. But the Ninth
Circuit still hasnt set a hearing date.
The issue is Arizonas February petition deadline for newly-qualifying
parties.
Hawaii: all the briefs in Democratic
Party of Hawaii v Nago were filed in
the Ninth Circuit by July 10, 2014,
but the Ninth Circuit still hasnt set a
hearing date. The issue is whether
the Democratic Party may prevent
members of other parties from voting
in its primaries.
Illinois: on April 5, 2012, the lawsuit
Libertarian Party of Illinois v State
Board of Elections was filed. There
is still no decision. The judge who
has the case now, on ten different
occasions, has said she will have the
opinion out on a certain date, but all
ten times, she did not. The issue is
the law that says newly-qualifying
parties (but not other parties) must
run a full slate of candidates.
TOP-TWO NEWS
California: On November 11, Californians to Defend the Open Primary
filed a Declaration in U.S. District
Court which says, There continue to
be rumors of a potential effort to repeal Proposition 14 in the near future,
potentially in 2018. The filing does
not give further details.
The Declaration was filed in the lawsuit Soltysik v Padilla, in U.S. District Court in Los Angeles. The lawsuit does not concern the validity of
Californias top-two system. It instead challenges the California law
that says only some candidates may
have a party preference listed on the
ballot. Californians to Defend the
Open Primary is composed of the
California Chamber of Commerce
and the Business Roundtable. They
are seeking to intervene in the lawsuit, because they say the California
Secretary of State wont defend
against the lawsuit forcefully. Californians to Defend the Open Primary
say that if the labels provision is declared unconstitutional, that the opponents of the top-two system would
then gain a public relations victory
against the entire top-two law. A
hearing will be held in December to
determine if the group should be allowed to intervene.
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Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, richardwinger@yahoo.com
December 1, 2015
Start Date ?
No
No
No
No
April 29, 2016
Jan. 4, 2016
No
March 25, 2016
No
April 12, 2015
No
No
March 29, 2016
No
No
No
Nov. 4, 2015
Jan. 1, 2016
No
Feb. 16, 2016
No
June 24, 2016
No
No
No
No
No
Jan. 4, 2016
No
March 1, 2016
July 12, 2016
No
No
No
No
No
Feb. 17, 2016
June 29, 2016
No
Jan. 1, 2016
No
March 2, 2016
No
No
Jan. 4, 2016
May 7, 2016
No
July 1, 2016
No
V-P?
Electors?
Yes
No
No
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes
Yes
No
Yes
Yes
No
No
Yes
No
Yes
No
No
Yes
No
No
Yes
No
No
Yes
No
No
Yes
No
Yes
Yes
No
Yes
No
Pres. Substitution?
No
No
Yes
No
Yes
Yes
No
Yes
No
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
No
Yes
No
Yes
No
No
No
No
Yes
Yes
Yes
No
Yes
Yes
No
No
Yes
Yes
No
No
No
No
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
Yes
No
Yes
No
Yes
No
No
No
No
No
No
No
No
No
No
No
Yes
No
Yes
No
No
Yes
No
No
Yes
No
No
No
No
No
No
No
Yes
No
Yes
No
No
V-P Substitution?
Yes
--Undetermined
Yes
Yes
-Yes
Yes
-No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
-No
-Undetermined
--Yes
Yes
--Yes
-Yes
--Yes
--Yes
--No
--Yes
-Yes
Yes
-Yes
--
V-P? tells whether the petition form must list a vice-presidential candidate. Electors? tells whether
candidates for presidential elector must be on the form. See page three for more about this chart.
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Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, richardwinger@yahoo.com
December 1, 2015
ARKANSAS
FLORIDA
MICHIGAN
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
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Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, richardwinger@yahoo.com
X
X
X
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X
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X
X
December 1, 2015
During the last week of October 2015, Ralph Nader received some relief from the costs assessed against himin
2004 by the people who had challenged his Pennsylvania
petition. Pennsylvania state courts had awarded the challengers $81,102 under the unique Pennsylvania system that
says if a petition doesnt have enough valid signatures, the
petitioning candidate or group must pay large court costs.
Peter Camejo, Naders vice-presidential nominee in 2004,
had then paid $20,000. Nader had $30,000 seized from
one of his bank accounts and another $30,000, in another
bank, had been frozen ever since.
After the Pennsylvania scheme was held unconstitutional
on July 24, 2015, Naders attorney notified the 2004 challengers that the basis for the award against Nader no longer
exists. While there was no legal requirement that the challengers do anything about that, they did release the remaining $30,000.
[ ]
___ $35
___ $50
_____other
State
Zip
Name
Address
City
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Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779. richardwinger@yahoo.com