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BALLOT ACCESS NEWS San Francisco, California October 12, 1988 Volume 4 Number 5 HR 1582 MISSOURI, INDIANA ELECTORS September, a number of religious leaders visited On August 1, 1988, all new political parties in Missouri, Democratic congressmen to lobby for HR 1582. and all political parties in Indiana, were required to certify the bill to protect ballot access for third party and inde the names of their presidential elector candidates to the _all"lr!lQII"'Ilf- candidates in federal elections. Rev. Tom Weise of Secretary of State. Political parties in both states made Mobile, Alabama Catholic archdiocese, Rev. Ted errors, and did not certify the names by the deadline. In Williams of Shiloh Baptist Church, and Marc Lenders of Missouri, the Libertarian slate of electors was late; in the Interfaith Action for Economic Justice, from Belgium, Indiana, both the Republican and Democratic slate of participated. Congressman Al Swift told them that if electors were late (the Democrats were a week late, the third parties could get on the ballot, it would split the Republicans were 2 days late). "progressiveft vote. Nevertheless, he said HR 1582 is an The results show how the Fourteenth Amendment to the important bill and he intends to hold hearings on its U.S. Constitution is not enforced. In Indiana, the Secre successor bill in the next Congress, "if he has time". tary of State decided to overlook the problem; in Mis Congressman Sam Gejdenson of Connecticut and souri, the Secretary of State decided that the Libertarian Benjamin Cardin ofMaryland said much the same . presidential candidate could not appear on the ballot. The Proponents of FIR 1582 need to be aware ofpolling U.S. District Court judge who reviewed the matter Samuel Lubell, which shows that in the 1948 with the Missouri Secretary of State, as did the U.S. Truman actually beIletJLtted Court of Appeals, 8th although there the vote was in the race. In that year, the 2-1. On September Court Justice ............ Ju..... ....,'...... ~ and it ran fonner vice- J:S12lCkJmu:n, who handles from the 8th Wallace for Communist ~Ul[)reme Court not in refused to SUD~DOJtea 'VVQ,MMe::A/"'4 and attacked Truman. The result? Inl1unc;uc.n n1l"rflJO.lI"11nn Missouri to list Paul's name .r.ll...a."I..llVta.~lI..J. JL .. .ll..U',-" .. _JV'-" voters cast their votes for l.A/I'1lIS"'lI""'Q Jim for the voters who had voted did not know about the (Oe~CalLlse of anti-Communist Indiana incident and had to to the Missouri .-.. .. "9••••. ,'" returned to Democratic and for ~-rn'lIl1l111H'" that the Democratic and .Kepult)lH~an These voters would not have voted Truman such errors, and therefore had not been formed and if the to submit their list 1, had not attacked Truman. Without 1{elDut.l1c:ans and Democrats in Missouri need not these voters, Tnunan would have lost the election. lists until October after the ballots The same be this year if IIJJLJil.JI.JL,&-V'UI-. Neither state the names of Jesse had formed own he had ac- candidates on the so there is no the nomination of the New If to submit the lists much B .... A"'OIIr~A"~n were in the race, Michael lLJ'UI..D..VLII:lLJL'-l1a those voters who are afraid of the Jackson is for a rehearing en bane in the case, PfCHJaOly np1rrp,nlP Dukakis more 'to:l'un-ro:lhhr MarnlTOla v in the 8th and in the meantime now, receive a net There is ev the New Alliance is about to file a lawsuit in Indi idence for this theory this year's Nebraska Senate race, ana, asking that the election law be strictly enforced and where Nebraska's only Black legislator, Ernie L;h:amlbers. that Bush and Dukakis be kept off the Indiana ballot! is running as the New Alliance Party candidate. Although Under Indiana law, certification deadlines for candidates are independent polls have showed Chambers receiving as strictly enforced. In 1968 the Indiana State Supreme much as 17% of the vote, the Democrat in the race is Court kept the Socialist Labor Party off the ballot because almost 20 percentage points ahead of the Republican, its amended anti-Communist oath was a few days late (the despite Nebraska being one of the most Republican states petitions and the original oath had been submitted in time, in the nation. Chambers' attacks on Bob Kerrey, the but the wording on the oath was slightly at variance with Democratic candidate, seem to help Kerrey gain more the statutory wording and a new oath had to be submitted). votes than the number of votes he loses to Chambers. VOICE OF AMERICA LaROUCHE VICTORIES The Voice of America radio carried a broadcast on On September 13, 7 LaRouche supporters won Demo September 14 about Ron Paul, Lenora Fulani, and Eugene cratic Party primaries for the State House of Representa McCarthy, based on an article about them in the tives in New Hampshire. This makes eight states in September 3 Congressional Quarterly. which LaRouche supporters have won Democratic pri maries tins year. Ballot Access News, 3201 Baker St. San Francisco CA 94123, (415) 922-9779 October 12, 1988 Ballot Access News WEST VIRGINIA LOSS PRESIDENTIAL BALLOT STATUS On September 13, federal judge John T. Copenhaver up Addenda to the "Presidential Ballot Status" article in the held every aspect of the draconian West Virginia ballot September 16,1988 Ballot Access News: every candidate access laws, in Socialist Workers Party v Hechler, no. attempting to qualify in Vermont did so, except that 2:88-0499. Eugene McCarthy did not. The Georgia Libertarian Party petition was found to have enough valid signatures. The For office other than president, the petition can only be U. S. Court of Appeals and Supreme Court Justice Harry circulated before the May primary. It is a criminal offense Blackmun ruled that Ron Paul's name should not be on if the circulator fails to tell each potential signer orally the Missouri ballot (see related article), so that Paul's that the potential signer may not vote in the primary if he name will be before 92.2% of the voters of the United or she signs the petition. In addition, the petition states States, rather than 94.5%. In Guam, which votes for that the signer "pledges" to vote for the candidates named president in November even though it has no electoral in the petition. In addition, filing fees in excess of $1000 votes, the only candidates on the ballot are Bush, are required, and if the candidates are unwilling to pay Dukakis, Paul, Fulani, and an independent who lives in these filing fees, they must circulate a completely separate Guam named Loomis Leslie. In Virginia, the September petition. 16 Ballot Access News should have said that Lenora Fu West Virginia typically has the highest primarY turnout of lani is on the ballot as an independent, not as the New any state, since local offices are hard-fought and are Alliance Party candidate. Next month's Ballot Access usually settled in the primaries. This year, 55% of the News will tell which presidential candidates have filed for registered voters voted in the primary. Most persons, write-in status in the various states which provide for this, when approached and told that they may not vote in the and also will also tell how many candidates each party is primary if they sign, will refuse to sign on that basis running for office other than president.. alone. If the petition could be circulated after the pri m,ary, it would be far easier to get signatures, even if primary voters were ineligible to sign. The law requiring MARYLAND oral warnings to the voters was passed in 1986, and since then, no third party or independent candidates have quali As of October 12, there is still no ruling in Ahmad v fied (except that the New Alliance Party got its presiden Maryland State Board ofElections, no. 88-2605, from the tial candidate on the 1988 ballot, because this is the one U.S. Court of Appeals, 4th circuit. The issue is whether petition in West Virginia which can be circulated after the Maryland ballot access laws for office other than president primary, when it isn't necessary to warn voters; instead are constitutional. Maryland requires qualified parties to one merely asks them if they did vote in the primary). submit 62,088 signatures in order to place a candidate for U.S. Senate on the ballot, unless such qualified party has There are 14 precedents which state that it is unconstitu registration of at least 10% of the state total. No third tional for a state to force third party and independent can party in this century has ever held 10% of the registration didates (for office other than president) to file petitions in any state. Since the ballots have already been printed, before the major party primaries. Judge Copenhaver didn't the plaintiff-candidate, Dean Ahmad of the Libertarian mention any of these precedents. He also ignored 7 Party, is now carrying on a write-in campaign. precedents which say that it is unconstitutional for the petition to carry language which binds the signer to vote for the candidate, or to say that he or she is a member of ARIZONA the party. The judge also upheld the absurd provision of the law which forces candidates to circulate duplicate peti In the September 1988 primary elections, there were 4 tions if they are unwilling to pay the filing fee.