from the Legislative Wisconsin Briefs Reference Bureau Brief 95-10 December 1995 WHO ARE THE CANDIDATES? The 1996 Wisconsin Presidential Preference Primary I. INTRODUCTION On March 19, 1996, Wisconsin voters will express their choices among the various candi­ dates seeking the presidential nomination of their respective national political parties. Wis­ consin has played an influential role in presidential selection over the years, and the 1995 Leg­ islature advanced the date of the spring election, which includes the 1996 presidential preference primary, by three weeks from the first Tuesday in April to the third Tuesday in March in response to similar action by other states. The Wisconsin presidential preference primary is an "open" primary. In other words, Wisconsin does not require voters to identify or declare a party affiliation when casting their ballots. Although in 1984 the Democratic National Committee refused to seat the convention delegates chosen in Wisconsin's open primary and required party caucuses to select the dele­ gates, it reversed its decision in 1988. This reversal was based on enactment of 1985 WISconsin Act 304, which allows political parties complete freedom to select any number of delegates on any basis they choose. The 1996 presidential primary, therefore, is advisory and not binding on the parties. This brief describes the procedure for developing the ballot, and, as has been the practice since 1968, it provides materials to assist the nominating committee in its task of identifying possible presidential candidates. II. THE NOMINATION PROCESS Preparation of the presidential preference primary ballot normally begins with the con­ vening of a presidential preference nominating committee on the last Tuesday in January to determine the candidates whose names will appear on the ballot. The 1996 committee will meet on January 2, 1996, at noon in the Governor's Conference Room in the State Capitol. (Note: 1995 Wisconsin Act 16 created a special set of dates for the 1996 presidential preference primary. These dates are listed in bold type in the text.) Prepared by Clark G. Radatz, Research Analyst -2- LRB-95-WB-10 Section 8.12 (1) (b) of the Wisconsin Statutes requires the committee to place on the ballot "the names of all candidates whose candidacy is generally advocated or recognized in the na­ tional news media throughout the United States." The committee has the "sole discretion" to determine which candidates fit the statutory criteria. Establishing the Nominating Committee Representation on the nominating committee is based on a political party's being both "recognized" and "certified". A "recognized political party" is defined by statute as one that qualifies for a separate ballot or ballot column, by receiving a specified number of votes at the last general election or by securing a specified number of petition signatures. The narrower definition of"certification" is provided in Section 8.12 (1) (a) of the statutes. It states: [T]he state chairperson of each recognized political party listed on the official ballot at the last gubernatorial election whose candidate for governor received at least 10% of the total votes cast for that office may certify to the [State Elections] Board that the party will participate in the presidential preference primary. The standard of 10% of total votes cast for governor is a more stringent requirement, which was enacted by 1985 Wisconsin Act 304 and applied initially to the 1988 presidential prefer­ ence primary election. Prior to that change, recognized political parties needed only 1% of votes cast for any statewide office to participate on the nominating committee. Limiting the I nominating committee's membership to certified parties tends to restrict the committee to rep­ resentatives of the Democratic and Republican Parties. Usually the party must file its certification that it will participate in the presidential prima­ ry with the Elections Board no later than 5 p.m. on the first Tuesday in January (or the next day if Tuesday is a holiday) in the year of the presidential election. The certification deadline was December 12, 1995, for the 1996 primary. Both the Democratic Party of Wisconsin and the Republican Party of WISconsin, which were the only two recognized political parties eligible · for certification for the 1996 election, certified by the deadline. Section 8.12 (1) (b) of the statutes dictates that the nominating committee consists of the following members: 1) For each party filing a certification: a) the state chairperson (or the chairperson's designee), and b) one national committeeman and one national committeewoman designated by the state chairperson. 2) The president and minority leader of the senate (or their designees). 3) The speaker and minority leader of the assembly (or their designees). LRB-95-WB-10 -3- 4) One additional member, selected by the nominating committee, who serves as commit­ tee chairperson. As of December 18, 1995, the following party and ex officio members have been designated to serve on the nominating committee for the 1996 presidential preference primary: Position Democratic Republican State Party Chairperson Mark E. Sostarich David Opitz National Party Committeeman Larry Longley Michael W. Grebe National Party Committeewoman Martha Love Mary Buestrin Senate President Sen. Brian Rude Senate Minority Leader Sen. Charles Chvala Assembly Speaker Rep. David T.Prosser,Jr. Assembly Minority Leader Rep. Walter J. Kunicki By tradition, the chief justice of the Wisconsin Supreme Court (or his or her designee) is chosen to serve as chairperson of the committee. Selecting the Candidates Section 8.12 (1) (b) states that the nominating committee must: ... determine, and certify to the board ... the names of all candidates of political parties represented on the committee for the office of president of the United States. The com­ mittee shall place the names of all candidates of political parties whose candidacy is generally advocated or recognized in the national news media throughout the United States on the ballot, and may, in addition, place the names of other candidates on the ballot. The committee shall have sole discretion to determine that a candidacy is gener­ ally advocated or recognized in the national news media throughout the United States. News media reports, such as those included in this brief, may assist the committee in its selection of recognized candidates. Another measure which may be used to determine the candidacy of a presidential aspirant is whether the individual has raised the minimum amount of contributions to qualify for federal matching campaign funds. To receive matching funds, a presidential candidate must raise $100,000, with a minimum of $5,000 collected in each of 20 states; No individual contribution may be greater than $250. As of December 18, 1995, the following persons had qualified for federal matching cam- paign funds on the dates indicated, according to the Federal Election Commission: Democrats President Bill Clinton (October 31, 1995) Lyndon H. LaRouche, Jr. (November 2, 1995) Republicans Lamar Alexander (May 31, 1995) -4- LRB-95-WB-10 Patrick Buchanan (May 31, 1995) U.S. Senator Robert Dole (May 31, 1995) U.S. Senator Phil Gramm (March 20, 1995) U.S. Senator Richard Lugar (August 30, 1995) Arlen Specter (August 31, 1995) Governor Pete Wilson (August 30, 1995) The committee must certify to the Elections Board no later than the Friday following its initial meeting Ganuary 5, 1996, for the 1996 primary) the names of all candidates it has se­ lected to appear on the presidential preference ballot. Candidate Notification and Disclaimers After the nominating committee has certified a slate of nominees, the Elections Board noti­ fies each person whose name has been placed in nomination and informs the person that his or her name will appear on the Wisconsin presidential preference ballot unless a disclaimer is filed. The disclaimer must state without qualification that the nominee is not and does not intend to become a candidate for the office of President of the United States at the forthcoming presidential election. Usually, it must be filed with the board no later than 5 p.m. on the 3rd Tuesday in February of the presidential year. The disclaimer deadline is January 30, 1996,; for the 1996 primary. Nomination via the Petition Method If the nominating committee does not include in its candidate listing the name of a person actively seeking the nomination of one of the parties certified for committee membership, that person, or any state group organized on that person's behalf, may still obtain a ballot position by submitting petitions under Section 8.12 (1) (c) of the statutes. This petition option has been available since 1968. Usually the petition may be circulated no sooner than the last Tuesday in January of each presidential year. Petition circulation may begin on January 1, 1996; for the 1996 primary. The deadline for submitting petitions to the Elections Board normally is 5 p.m. on the third Tuesday in February of each presidential year. The filing deadline is January 30, 1996, for the 1996 primary. The petition must be signed by at least 1,000, but not more than 1,500, qualified electors in each of Wisconsin's nine congressional districts. An individual petition paper cannot in­ clude signers from more than one congressional district. Each petition paper must conform to the requirements of Section 8.40, Wisconsin Statutes: LRB-95-WB-10 -5- 1) The word "PETITION" must appear in bold type at the top of each petition sheet, and there must be space for the voter's signature, municipality of residence for voting pur­ poses (including the street address, if any), and the date of signing. 2) At the bottom of each sheet, the petition must contain an affidavit that includes the peti­ tion circulator's name and address. In addition, the affidavit must state that the circula­ tor: a) personally circulated the petition and personally obtained each of the signatures; b) knows all information given by the petition signers is correct; c) knows that each petitioner signed with full knowledge of the petition's content; and d) knows that falsifying the affidavit is punishable by law.