BALLOT ACCESS NEWS www.ballot-access.org May 1, 2015 Volume 30 Number 12 SENATE PASSES BILL EASING BALLOT ACCESS On April 22, the If no state has a 5% petition (for In 2003, Representative Wayne Pet- passed a bill that lowers the number statewide office, anyway), clearly tigrew introduced HB 1412, to lower of signatures for a newly-qualifying there is no state interest in a petition the vote test from 10% to 8%. party from 5% of the last vote cast, to requirement that severe. In 2005, Representative Marian 3% of the last gubernatorial vote. Although it would still be true that Cooksey introduced HB 1429, to If this bill had been in effect in 2014, has a petition of 10% of lower the party petition to 5,000 sig- it would have required 31,044 valid the last gubernatorial vote for a new natures and the vote test to 1%. signatures, instead of the 66,744 that party, that requirement is not manda- In 2007, Cooksey re-introduced her were actually required. If the bill is tory, because a new party can also bill, this time HB 1539. Senator signed into law, for 2016 and 2018 it qualify by obtaining registered mem- Randy Brogdon introduced the same will require 24,745 signatures. bers equal to one-third of 1% of the bill in the Senate, SB 28. number of registered voters. And it The bill, HB 2181, had already would still be true that has In 2009, Brogdon re-introduced his passed the House unanimously, but a petition of 5% of the last vote cast bill as SB 359, and Representative the House version required 1% in- for a new party, but, again, that is not Charles Key introduced it as HB stead of 3%. The Senate Rules mandatory, because new parties can 1072. Committee had amended the bill on also appear on the Minnesota ballot April 8. The vote in the Senate was with the party label by using the can- In 2011, Key introduced HB 1058, to 37-4. The four “No” votes were all didate petitions, which are never set the party petition at exactly cast by Republicans, three of whom greater than 2,000 signatures. 22,500 signatures. are in their first term. They are , , , and In 2013-2014, Senator Rob Johnson Wayne Shaw. OKLAHOMA’S 22-YEAR introduced SB 668, to lower the party RECORD OF FAILED petition in midterm years from 5% of Because the House and Senate ver- the last presidential vote, to the last sions of the bill differ, now the bill BALLOT ACCESS BILLS gubernatorial vote. Representative returns to the House to see if the Passage of Oklahoma HB 2181 will Jeffrey Hickman introduced HB House will accept the Senate version. be historic, given that every ballot 2134, which originally required It is very likely that the House will access improvement bill introduced 5,000 signatures. The bill, as accept the Senate version, and then it in the last 22 years has failed to pass. amended, passed both Houses, but will go to the Governor. That is the versions differed. The conference likely to happen in the week of May In 1994 Representative James D. committee settled on a version that 11-15. Holt introduced HB 2307, to elimi- only lowered the number of signa- nate petitions for minor party and tures for the independent and minor The national Libertarian Party had independent presidential candidates party presidential petition, but then paid $3,000 to a professional lobbyist who paid a fee of $2,000 (the Okla- the legislature adjourned before vot- to help achieve the Senate vote. He homa petition for presidential candi- ing again on that bill. is continuing to work on the bill, The dates is 3% of the last presidential sponsor of the bill is the Speaker of vote cast). None of the bills mentioned above the House, Representative Jeffrey passed. The lesson is that persistence Hickman. In 1999, Representative Bill Graves pays. introduced HB 1742, to lower the Implications for Jurisprudence party petition to 10,000 signatures. NEVADA BILL BALLOT Assuming the bill passes, no state In 2001, Representative Ray Vaughn ACCESS BILL ADVANCES will require a petition greater than said he would introduce a ballot ac- 3% of the last vote cast for an inde- cess bill, but he didn’t. On April 21, the Nevada Senate pendent, or a new party, to get on the passed SB 499 unanimously. It ballot for statewide office. That fact In 2002, Representative Sue Tibbs moves the petition deadline for undercuts the vitality of Jenness v introduced HB 2654, to lower the newly-qualifying parties from April Fortson, the 1971 U.S. Supreme party petition to 5,000 signatures and to June, and moves the non- Court decision that upheld Georgia’s the vote test for a party to stay on presidential independent candidate petition of 5% of the number of regis- from 10% to 1%. petition deadline from February to tered voters. June.

______Ballot Access News, Bx 470296 San Francisco CA 94147, 415-922-9779, [email protected] May 1, 2015 Ballot Access News NORTH CAROLINA CALIFORNIA BILL TO PRESIDENTIAL PRIMARY BALLOT ACCESS BILL FORCE WRITE-IN DATE CHANGES CANDIDATES TO PAY The April 1, 2015 B.A.N. contained a On April 1, twenty-eight North Caro- chart showing the likely presidential lina Representatives introduced HB On April 15, the California Assembly primary dates in each state in 2016. 509, which eases ballot access for Elections Committee passed AB 372 However, since then, some unex- newly-qualifying parties and inde- by 4-2. It requires write-in candi- pected developments in certain state pendent candidates. Currently, dates for congress or partisan state legislatures have occurred. statewide independents and new par- office who place second in the June ties need 89,366 signatures (2% of primary to pay a filing fee in order to Arkansas: the chart showed that the the last gubernatorial vote). The bill be on the November ballot. The four primary would be March 1. SB 389, changes that to one-fourth of 1% of “yes” votes were all from Democrats; setting that date, had already passed the last gubernatorial vote, which in the two “no” votes were one Repub- the State Senate 20-5. However, the 2016 would be 11,171 signatures. lican and one Democrat. bill was defeated in the House, so the primary will probably be May 24. The sponsors include 18 Democrats, The bill seems to violate the Califor- However, it is possible the March bill nine Republicans, and the legisla- nia Constitution, which says, “Article can be revived in an upcoming spe- ture’s only independent member. 2, sec. 5(a): The candidates who are the top two vote-getters at a voter- cial session of the legislature. nominated primary election for a Mississippi: the chart showed March ALABAMA BALLOT congressional or state elective office ACCESS BILL 1, but the bill setting that date, SB shall, regardless of party preference, 2531, failed to pass, even though it On April 1, the Alabama ballot ac- compete in the ensuing general elec- had passed both houses. Each house cess bill, SB 221 passed the Senate tion.” That seems to say candidates had a slightly different version and Rules Committee. It will probably who place first and second have a the conference committee couldn’t receive a vote on the Senate floor right to be on the November ballot, agree. Therefore, the primary will be during the week of April 27-30. It which cannot be taken away. March 8. cuts the number of signatures for new The bill was amended a few days Ohio: the chart showed March 8, but parties and non-presidential candi- after the hearing to provide that indi- dates from 3% of the last gubernato- a bill was introduced in April moving gent candidates need not pay. Then, it to March 15, and that bill, HB 153, rial vote to 1.5%, and provides a later the bill’s author, Assemblyman Frank petition deadline for new parties. passed the House on April 22 and Bigelow, learned that in 1974 the will probably pass the Senate. California Supreme Court said the NEBRASKA LEGALIZES state is obliged to provide alternative In addition, it now appears likely that PAYING CIRCULATORS to filing fees for all candidates, not Washington won’t hold any presiden- PER-SIGNATURE just indigent candidates. So, he plans tial primary. to amend the bill again, on the As- On April 13, Nebraska Governor sembly floor, to provide for a petition BILLS ON WHO CAN Pete Ricketts signed LB 367. It re- in lieu of filing fee. VOTE IN PRIMARIES peals the law that makes it illegal for Assemblyman Bigelow is the only initiative sponsors to pay circulators Colorado: Representative Dominick California legislator who had a Liber- on a per-signature basis. The bill had Moreno has introduced HB 1354, tarian opponent in November 2014. passed the Senate unanimously. which would let independent voters That Libertarian, Patrick Hogan, was Senator Michael Groene, who is in vote in primaries. Independent voters a write-in candidate in the June 2014 his first term, has long been a propo- would receive a primary ballot pre- primary, and placed second, because nent of the initiative process. When pared just for them, which would list Bigelow was the only name on the he ran for the Senate in 2014, he all the Democrats and Republicans primary ballot. In November, Hogan made this bill his number one legisla- running in that voter’s area. received 26% of the vote. tive priority. Maine: Senator Roger Katz has in- California has not charged a filing fee troduced LD 744, to let independent RESTRICTIVE ARIZONA for write-in candidates prior to any voters choose a primary ballot. The BILL SIGNED election, because in 1972 the State bill has nine co-sponsors. Supreme Court ruled in Steiner v On April 14, Arizona Governor Doug Mihaly that such a filing fee for a : Representative Val Hoyle Ducey signed HB 2608, which makes write-in candidate would be unconsti- has introduced HB 3500, which says it substantially more difficult for tutional, because filing fees are for that independents would receive pri- members of small parties to get on the purpose of keeping ballots from mary ballots for each party that has a their own party’s primary ballot. being too crowded, and a write-in primary, and the voter could choose candidate does not make a ballot one and vote on it. more crowded. ______Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, [email protected] 2 May 1, 2015 Ballot Access News NINTH CIRCUIT Those prior decisions were: (1) Wil- REPUBLICAN PARTIES UPHOLDS ARIZONA liams v Rhodes, where Justice Wil- OF TWO STATES FAIL TO liam O. Douglas’s concurrence on REGISTRATION FORM page 37 says, “To force a candidate GET JUDICIAL RELIEF On April 24, the Ninth Circuit upheld to rely on write-ins is to burden him During April, the Republican Parties Arizona’s voter registration form, with disability”; (2) Lubin v Panish, of Utah and Virginia failed to per- which lists the two largest parties and page 719, “Realities of the electoral suade federal judges to give them gives them a checkbox, and which process…strongly suggest that ‘ac- relief against state laws that control forces people who want to register cess’ via write-in votes falls far short their nominations process. into any other qualified party to of access in terms of having the name write-in that choice on a blank line. of the candidate on the ballot”; Utah: on April 10, U.S. District The line is less than one inch long. Anderson v Celebrezze, p. 799, “A Court Judge David Nuffer, an Obama Arizona Libertarian Party v Bennett, write-in opportunity is not an ade- appointee, refused to enjoin a Utah 13-16254. The decision is by Judge quate substitute for having the candi- law that lets candidates petition onto A. Wallace Tashima and co-signed date’s name appear on the printed a primary ballot, even if they have by Marsha S. Berzon and M. Marga- ballot.” not shown substantial support at a ret McKeown. party caucus. The Republican and The Ninth Circuit decision also says, Constitution Parties had tried to The decision says if the state listed “The overwhelming majority of Ari- block the law, arguing that the law all the ballot-qualified parties, it zona voters are registered with one of even lets a non-member of the party would need to reprint the form every the two major parties”, but actually run in that party’s primary, and the time a new party qualifies, or an old only 63.1% of them are registered in parties don’t want that. Utah Repub- parties goes off the ballot, and this the two major parties. lican Party v Herbert, 2:14cv-876. would cost money. The decision also McKeown wrote separately to say The parties could still conceivably says that the qualified minor parties that although she agrees with the de- win the case, but so far they are not are only suffering a “trivial” harm. cision, the majority should not have entitled to stop that system. Yet the decision acknowledges that used the “rational basis” test, but parties remain on the ballot if they Virginia: on April 2, U.S. District should have used the balancing test, have registration of two-thirds of 1% Court Judge Elizabeth K. Dillon, an which requires a stronger state inter- of the state total. The Green Party Obama appointee, upheld a state law est to justify the challenged law. has never met the registration test, so that says, even though normally par- five times it has done a burdensome ties can choose whether to nominate petition (usually requiring more than REFERENDUM BEGINS by convention or primary, when there 25,000 signatures), and then it goes TO REPEAL NEW SOUTH is an incumbent running for re- off the ballot and must do another. election, he or she can dictate to the DAKOTA BALLOT LAW party how the nomination will be The decision says there is no evi- During April, the South Dakota AFL- made. Adams v Alcorn, w.d., 5:15cv- dence that a party would gain more CIO and its allies launched a referen- 12. The decision does not reach the registrations if its name were printed dum petition against SB 69, the elec- merits of the issue. It is based on the on the form with its own checkbox, tion bill passed this year that injures fact that the state party bylaws them- compared to being a “write-in” ballot access. As noted in the April 1 selves say the party will obey state choice. Yet the U.S. Supreme Court B.A.N., the bill makes it more diffi- election laws. The party is free to has repeatedly said that write-in can- cult for candidates to get on primary delete this rule from its bylaws and didates are at a huge disadvantage ballots, more difficult for independ- then file a new lawsuit. relative to candidates whose names ent candidates to get on the general are on the ballot, and that Court election ballot, and more difficult for MONTANA THWARTS thought this was so obvious, it never new parties to get on the ballot. required any evidence. REPUBLICAN LAWSUIT The AFL-CIO probably would not In U.S. Term Limits v Thornton, the On April 20, the Montana legislature act against the bill, except for the fact passed HB 454, designed to injure U.S. Supreme Court invalidated Ar- that it even injures Democrats who kansas’ term limits law for members the Republican Party lawsuit against want to get on the Democratic pri- the state’s open primary. The party’s of Congress. The Arkansas law said mary ballot, by increasing the number that a long-term member of Congress strongest legal point had been that it of signatures for them from 1% of the is unconstitutional to force it to use could run for re-election by write-ins, last Democratic vote for Governor, to but he or she could not be on the bal- an open primary to elect local party 1% of the number of registered De- officers. The bill says parties are free lot. The Supreme Court said “Our mocrats. The bill also makes their prior cases have suggested that write- to appoint local officials if they don’t deadline earlier, from the spring to want them elected in an open pri- in candidates have only a slight the winter. chance of victory.” mary.

______Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, [email protected] 3 May 1, 2015 Ballot Access News BOOK REVIEW: 22. End the war on drugs. New Hampshire: on April 20, U.S. District Court Judge Paul Barbadoro, UNSTOPPABLE 23. Push for environmentalism. a Bush Sr. appointee, denied the re- Unstoppable, the Emerging Left- 24. Reform health care. quest of the Republican National Right Alliance to Dismantle the Cor- Committee to intervene in the ballot porate State, by Ralph Nader, Nation 25. Create convergent institutions. access lawsuit Libertarian Party of Books, 2014, 225 pages. Nader writes about Adam Smith, N.H. v Gardner, 1:14cv-322. The issue is a 2014 law that makes it ille- Nader argues that there are many Ludwig von Mises, Friedrich Hayek, gal for a group to petition for party large issues in which activists on the Frank Meyer, and Russell Kirk. status during an odd year. The Re- left and the right do agree with each Nader knows that he bears the burden publican National Committee had other, and if they work together, they of showing that people on the right wanted to defend the law, but the can make substantial progress on are interested in working with people judge said that would delay the case, their joint agenda. on the left. He analyzes what these leading thinkers on the right have and also the state is capable of de- He suggests this list: said to show that convergence is pos- fending the law. As far as is known, this is the first time the Republican 1. Require that the Department of sible. National Committee has ever tried to Defense budget be audited annually. Readers of this newsletter will be intervene in a lawsuit over the consti- 2. Establish rigorous procedures to especially interested in chapter 7, tutionality of a ballot access law. evaluate the claims of businesses which discusses obstacles to competi- North Carolina: on April 20, the looking for a government handout. tive elections. He reiterates his long- standing opposition to top-two elec- U.S. Supreme Court told the State 3. Promote efficiency in government tion systems. Supreme Court to rehear a challenge contracting and spending. to the state’s U.S. House and legisla- The jacket blurbs include praise for tive districts. The plaintiffs had 4. Adjust the minimum wage to infla- the book from Grover Norquist, Cor- charged that the 2011 redistricting tion. nel West, Robert Reich, Ron Unz, plan packed African-American voters and John Nichols. The book de- 5. Introduce specific forms of taxa- into a limited number of districts so serves the widest audience. tion reform. that there would be very few such voters in most other districts. The 6. Break up the “Too Big to Fail” MORE LAWSUIT NEWS State Supreme Court had upheld the banks. plan 4-2 but now must re-hear the Indiana: on March 31, the Seventh case. Dickson v Rucho. 7. Expand contributions to charity. Circuit heard Common Cause v 8. Allow taxpayers standing to sue. Members of the Indiana Election Commission, 14-3300. The issue is a CHART ON PAGE FIVE: 9. Expand direct democracy. state law that says no party may run Page five lists the 50 most populous 10. Push community self-reliance. for more than half the judicial seats. countries, and tells how many parties Indiana elects trial judges on a parti- are represented in that nation’s legis- 11. Clear away the obstacles to a san basis. The specific law limiting lative lower house. Many countries competitive electoral process. parties only applies in Marion on the list have unicameral systems, 12. Defend and extend civil liberties. County, which is co-terminous with so for those countries, the chart sim- Indianapolis. The lower court had ply refers to the single chamber. 13. Enhance civic skills and experi- invalidated the law. ence for students. The United States and Nigeria are the New Jersey: on April 8, the Third only nations on the list with two par- 14. End unconstitutional wars. Circuit upheld the state’s closed pri- ties in the lower house. This shows maries. Independents can vote in 15. Revise trade agreements. that such “two-party systems” are primaries but only if they join a party rare indeed, and unnatural. 16. Protect children from commer- at the polls on primary election day. cialism. The plaintiffs are voters who have Further evidence that it is unnatural philosophic objections to being a to have only two parties in office is 17. End corporate personhood. member of a party, but who argued the fact that between 1828 and 1948, 18. Control more of the commons that if they can’t vote in primaries even the United States had more than that we already own. they have no means to influence who two parties represented in the House, runs in November. The decision says for all but 9 of the 71 congressional 19. Get tough on corporate crime. that New Jersey has easy procedures elections. The third parties held the 20. Ramp up investor power. for independent candidates to petition balance of power in the House in onto the November ballot. Balsam v 1848, 1854, 1858, 1862, 1878, 1916, 21. Oppose the patenting of life Guadagno, 14-3882. and 1930. forms.

______Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, [email protected] 4 May 1, 2015 Ballot Access News WORLD PARTIES

Nation Name of Body Term Size of Body No. of Parties

China National Peoples Congress 5 years 2,987 1 India House of the People 5 years 545 35 United States House of Representatives 2 years 435 2 Indonesia People’s Representative Council 5 years 550 10 Brazil Chamber of Deputies 4 years 513 22 Pakistan National Assembly 5 years 342 17 Nigeria House of Representatives 4 years 360 2 Bangladesh National Parliament 5 years 350 5 Russia State Duma 4 years 450 4 Japan House of Representatives 4 years 475 8 Mexico Chamber of Deputies 3 years 500 7 Philippines House of Representatives 3 years 292 15 Vietnam National Assembly 5 years 500 1 Ethiopia Council of People’s Representatives 5 years 547 8 Egypt House of Representatives 5 years 567 16 Germany Bundestag 4 years 598 5 Iran Consultative Assembly 4 years 290 0 Turkey Grand National Assembly 4 years 550 3 Dem Rep of Congo National Assembly 5 years 500 90 Thailand House of Representatives 4 years 500 11 France National Assembly 5 years 577 11 United Kingdom House of Commons 5 years 650 12 Italy Chamber of Deputies 5 years 630 12 South Africa National Assembly 5 years 400 13 Burma House of Representatives 5 years 440 22 South Korea National Assembly 4 years 300 3 Colombia Chamber of Representatives 4 years 166 9 Tanzania National Assembly 5 years 324 6 Kenya National Assembly 5 years 349 22 Spain Congress of Deputies 4 years 350 16 Argentina Chamber of Deputies 4 years 257 7 Ukraine Supreme Council 5 years 450 8 Algeria Peoples National Assembly 5 years 462 27 Poland Sejm 4 years 460 6 Sudan National Assembly 6 years 354 12 Iraq Council of Representatives 4 years 328 18 Canada House of Commons 4 years 338 6 Uganda Parliament 5 years 385 7 Morocco House of Representatives 5 years 325 18 Saudi Arabia ------Peru Congress 5 years 130 6 Venezuela National Assembly 5 years 165 13 Uzbekistan Legislative Chamber 5 years 150 4 Malaysia House of Representatives 5 years 222 16 Nepal Constituent Assembly 4 years? 575 30 Ghana Parliament 4 years 200 4 Afghanistan House of the People 5 years 250 19 Yemen House of Representatives 6 years 301 5 Mozambique Assembly of the Republic 5 years 250 3 North Korea Supreme People’s Assembly 5 years 687 3

This chart lists the 50 most populous countries, in order of population. It shows how many parties are represented in each country’s lower legislative chamber, as of April 10, 2015.

______Ballot Access News, Bx 470296, San Francisco CA 94147 (415) 922-9779, [email protected] 5 May 1, 2015 Ballot Access News MAINE LEGISLATOR BECOMES AN Great Britain holds a Parliamentary election on May 7. On INDEPENDENT April 2, the leaders of seven parties debated. The debate attracted a large television audience. On April 16, another On April 6, Maine Representative Stanley Short said that debate was held, this time with 5 party leaders. he has left the Democratic Party and become an independ- ent. He is in his second term. This makes the fourth in- Because Britain does not use proportional representation or stance since the start of 2015 in which a legislative seat has ranked-choice for House of Commons, and because there switched from being held by a Democrat, to an independ- are vibrant third parties, many voters are worried about the ent. The earlier instances were in Virginia in January, in “wasted vote” problem. To help solve that, a vote- Missouri in January, and in Connecticut in February. swapping web page has been set up, so that strangers can find each other and promise each other to vote for a par- ticular party that they would otherwise not support. Voters MARIJUANA PARTY PETITIONS IN in districts that are perceived to be too close to predict NEBRASKA promise to vote for a major party favored by that voter’s “partner”; the partner, someone who lives in a district that The Marijuana Party is petitioning for party status in Ne- is safe for one party, in return promises to vote for the braska, and is approximately half done. It needs 5,395 other voter’s favorite minor party. valid signatures by February 1, 2016, if it wants a primary. If it wants to nominate by convention, its petition isn’t due until August 1, 2016. SPECIAL ELECTION RESULTS The only other petition to qualify a group for party status : in the April 21 special election for State House, th that has made much headway in the last month is the Liber- 64 district, James Grant, the Republican nominee, re- tarian petition in Arkansas, which is over halfway done. ceived 6,851 votes. The write-in candidate, Daniel John Matthews, received 92 votes. The of , which is on the ballot, is conducting a registration drive so that it Missouri: on April 7, St. Louis County held a special elec- th can keep its party status after November 2016. It needs tion for Commission, 6 district. Results: Democrat approximately 43,000 registered members, and now has Kevin O’Leary 53.9%; Republican Tony Pousosa 42.3%; approximately 2,400. Constitution Party nominee Cynthia Redburn 3.8%.

FILM: ROSEANNE FOR PRESIDENT MINOR PARTY ELECTION WINS A new film, “Roseanne for President” was released a few On April 7, three Illinois Greens won non-partisan races. weeks ago, and has been shown at the Tribeca Film Festi- They are Peter Schwartzman, alderman in Galesburg; Steve val. The film has received reviews in Variety and The Alesch, Park Commissioner in Warrensburg; and Adrian Daily Beast. It describes Roseanne Barr’s 2012 quest for Frost, Library Board member in Plano. Also on April 7, the Green Party presidential nomination, and then her sub- Socialist Party member Wendell J. Harris was elected to sequent nomination by the Peace & Freedom Party and her the Milwaukee, Wisconsin School Board, defeating an general election campaign. Barr received 67,037 votes, incumbent. even though she was only on the ballot in three states. BRITAIN HOLDS A 7-PARTY DEBATE ------[ ] I want to receive BALLOT ACCESS NEWS. BALLOT ACCESS NEWS (ISSN 10436898) I enclose $16.00 for 1 year (foreign: $20). published by Richard Winger, $16 per year, Make check out to “Ballot Access News" 12 times per year. "COFOE" is the Coalition for Free and Open Elections. 5 [ ] I want to join COFOE. Enclosed is $______[ ]RENEWALS: If this block is marked, (includes one-year subscription to B.A.N., or one-year renewal). your subscription is about to expire. Make check out to “COFOE". Minimum dues are $25. If you use Paypal, use [email protected]

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