Richard Nixon Presidential Library Contested Materials Collection Folder List

Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 8/4/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to MacGregor RE: information on Wallace's campaign in various states. 2 pgs.

24 3 Campaign Report Information on Wallace's campaign status in important states. 1 pg.

24 3 8/2/1972White House Staff Memo From "Rose" to Strachan RE: attached material from Dent. 1 pg.

24 3 8/2/1972Campaign Memo From Wallace Henley to Dent RE: the AIP and Wallace. 1 pg.

Friday, May 20, 2011 Page 1 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 8/3/1972Campaign Memo From Strachan to Haldeman RE: the American Independent Party's convention in Kentucky and Wallace's role in it. 1 pg.

24 3 8/4/1972Campaign Memo From Strachan to Haldeman RE: a Wallace telegram. 1 pg.

24 3 8/3/1972Campaign Memo From Strachan to Haldeman RE: the American Independent Party's convention in Kentucky and Wallace's role in it. 1 pg.

24 3Campaign Other Document Sheet of notes relating to , Turnipseed, and the American Independent Party. 1 pg.

24 3 8/2/1972Campaign Memo From Strachan to Haldeman RE: Dent's information on Wallace and other Independents. Handwritten response added by Haldeman, with more notes from another individual. 1 pg.

Friday, May 20, 2011 Page 2 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 7/28/1972Campaign Other Document Handwritten notes on Dent's information RE: the American Independent Party and George Wallace. 5 pgs.

24 3 7/19/1972Campaign Memo From Strachan to Haldeman RE: Dent's request for a meeting with Haldeman on Wallace. 1 pg.

24 3 7/24/1972Campaign Other Document Notes on a discussion involving Dent revolving around George Wallace and his role in the 1972 campaign. 2 pgs.

24 3Campaign Other Document Handwritten notes, possibly generated by Strachan for Higby, detailing campaign activities on various White House officials. 2 pgs.

24 3 Campaign Report Twenty-seventh page of a memorandum on potential 1972 presidential nominees, including George Wallace. Handwritten notes added by Higby and an unidentified individual. 1 pg.

Friday, May 20, 2011 Page 3 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 6/30/1972Campaign Memo From Strachan to Haldeman RE: Wallace's campaign status in mid-1972. Handwritten notes added by unknown. Information on Wallace's status in key states attached. 3 pgs.

24 3 7/24/1972Campaign Other Document Notes on a discussion involving Dent revolving around George Wallace and his role in the 1972 campaign. Handwritten note added by unknown. 2 pgs.

24 3 7/25/1972Campaign Other Document UPI report on Wallace as a potential third party candidate in the 1972 presidential election. Duplicate attached. 2 pgs.

24 3 7/19/1972Campaign Memo From Strachan to Haldeman RE: Dent's request for a meeting with Haldeman on Wallace. 1 pg.

24 3Campaign Other Document Notes on George Wallace based on information from Dent. 1 pg.

Friday, May 20, 2011 Page 4 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 7/13/1972Campaign Other Document UPI report on Wallace's decision not to run as a third party campaign in 1972. 1 pg.

24 3 Campaign Memo Pages eight and thirteen from a memorandum on the campaign. Information on Wallace and Edward Kennedy emphasized by handwritten notes. 2 pgs.

24 3 6/29/1972Campaign Report Information on Wallace's campaign status in important states. 1 pg.

24 3 6/30/1972Campaign Memo From Strachan to Haldeman RE: Wallace's campaign status in mid-1972. 2 pgs.

24 3 6/29/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to Mitchell RE: states in which Wallace may not run as a presidential candidate. Detailed information on such states attached. 5 pgs.

Friday, May 27, 2011 Page 5 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 6/29/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to Mitchell RE: states in which Wallace may not run as a presidential candidate. Detailed information on such states attached. Handwritten notes added by unknown. 5 pgs.

24 3Campaign Other Document Detailed, state-by-state breakdown of information on George Wallace's 1972 campaign. Handwritten notes added by unknown. 2 pgs.

24 3 6/26/1972Campaign Memo From Strachan to Haldeman RE: an analysis of Wallace's 1972 campaign efforts. Handwritten edits added by unknown. 2 pgs.

24 3 6/21/1972Campaign Memo Comprehensive analysis of Wallace's eligibility to run for president in various states. 2 pgs.

24 3 6/12/1972Campaign Memo Political action memo from Haldeman requesting that Dent, and possibly Strom Thurmond, visit Wallace. 2 pgs.

Friday, May 20, 2011 Page 6 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 6/29/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to Mitchell RE: states in which Wallace may not run as a presidential candidate. 3 pgs.

24 3 6/7/1972Campaign Memo From Dent to Haldeman RE: attached information on Wallace. 1 pg.

24 3 6/6/1972Campaign Memo From Wallace B. Henley to Dent RE: Wallace's medical condition. 1 pg.

24 3 6/16/1972Campaign Memo From Higby to Strachan RE: the potential of Wallace's name being placed on a presidential ballot. Handwritten note added by unknown. 1 pg.

24 3 6/12/1972White House Staff Memo From Malek to Haldeman RE: attached information on an Alsop article. 1 pg.

Friday, May 20, 2011 Page 7 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 6/8/1972Campaign Memo From Sedam, through Magruder, to Mitchell critiquing Alsop's analysis of George Wallace. 1 pg.

24 3 6/14/1972Campaign Memo From Malek to Haldeman RE: an attached memo on Wallace. 1 pg.

24 3 6/12/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to Mitchell RE: states in which Wallace may not run as a presidential candidate. Detailed information on such states attached. 4 pgs.

24 3Campaign Other Document Handwritten notes on Wallace's campaign in various states. 1 pg.

24 3 6/9/1972Campaign Other Document Detailed information on Wallace's campaign status in all states. Handwritten notes added by unknown. 1 pg.

Friday, May 20, 2011 Page 8 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 Campaign Photograph Detailed state-by-state breakdown of the 1968 presidential election. 1 pg.

24 3 6/12/1972Campaign Memo From Glenn J. Sedam, Jr., through Magruder, to Mitchell RE: states in which Wallace may not run as a presidential candidate. Detailed information on such states attached. 61 pgs.

24 3 6/22/1972Campaign Memo From Wallace B. Henley to Dent RE: George Wallace's health and political status. 2 pgs.

24 3 6/16/1972Campaign Memo From Higby to Strachan RE: the potential of Wallace's name being placed on the presidential ballot. Handwritten note added by unknown. 1 pg.

24 3 6/21/1972Campaign Memo From Strachan to Haldeman RE: Wallace's role in the 1972 election. 1 pg.

Friday, May 20, 2011 Page 9 of 10 Box Number Folder Number Document Date No Date Subject Document Type Document Description

24 3 6/12/1972Campaign Memo Political action memo from Haldeman requesting that Dent, and possibly Strom Thurmond, visit Wallace. 1 pg.

24 3 5/5/1972Campaign Report Status report on the state of George Wallace's campaign in May 1972. Handwritten notes added by unknown. Duplicates attached. 4 pgs.

24 3 3/23/1972Campaign Memo From Sedam to Mitchell RE: Wallace's eligibility for the American Independent Party's presidential nomination in various states. Detailed information on those states attached. 21 pgs.

24 3 5/1/1972Campaign Memo From Strachan to Haldeman RE: Wallace's eligibility to run for president as an Independent in Georgia, , Mississippi, and Texas. Handwritten note added by Higby. 2 pgs.

24 3 6/21/1972Campaign Memo From Strachan to Haldeman RE: Wallace's plans during the 1972 presidential election. 1 pg.

Friday, May 20, 2011 Page 10 of 10 ---_._------._­

Committee for the Re-election of the President

MEMORANDUM August 4, 1972

MEMORANDUM FOR: THE HONORABLE CLARK MACGREGOR THROUGH: JEB S. MAGRUDER # .' FROM: GLENN J. SEDAM, JR~

SUBJECT: Update of Governor Wallace's Ballot Position

, Attached is a chart indicating the Wallace ballot position as of August 2, 1972 •.

Changes since our report of July 19 are as follows:

Dela'tVare--The AlP has held its state convention within the deadline set in Delaware law. It has yet to c~rtify a candidate for President.

Idaho --We have determined that the Conservative Party may, under state election law, substitute Governor Wallace for its listed candidate, a Mr. Steinbacker.

I11inois--The August 7th deadline for filing petitions for a new party candidacy is approaching. There is some AlP activity to this end in downstate Illinois. The AlP has not formally submitted petitions to .e1ections officials as yet. The state elections office feels that the party will not be able to obtain the number of names necessary (25,000) by the deadline.

Missouri--The July 31, 1972 deadline for obtaining a ballot position has passed. The AlP plans to press its claim for ballot qualification under state statute by bringing a court action. Their argument is that, by ob­ taining over 2% of the vote in two Congressional districts in the last election, rather than state,vide as is required by statute, the AlP should be awarded an automatic ballot position in Noveluber.

Rhode Island--The AlP has submitted the requisite 500 signatures for bal­ lot position in November. It now only need certify. a candidate.

Officials in both Utah and have indicated that they will allow the AlP to certify a candidate for President within a reasonable time after that party conducts a national nominating convention. Therefore, the dead­ lines set forth in previous status reports are not firm. GEORGE C. WALLACE (GCW) STATUS REPORT 8/2/72

f\~~ r,',t,Dll"\','j: ACT I f'~~ f'~· J:I!(~!~.' !'IJ~ C;\'i .~s ( ~ .,' C,\!,!"I\ 1)·\7."; ,\C'l'J0~ ._.•.•0. .... __. ~\: :!.~ll ) __ I~.; :J} lioHt.. t.1" C\)IlV.*\lt !flU .\ (·(·)'t t fv .\' :.',. Y,,'! Afl' 'r.::'ttl\'::t" tillu 1.

9 /) .~;', 1:,Ii. Ai' 9/'27 ,~ !\.,L C:\I. t.lP C~rlf fy AI'

AlP 9/.I? t, Pf:t'lt .1(.111: :t.)Q n:igs. N.Y. Co;:n. C(:OI-r.C' 9/2() * Cl~Ul··"!tl' l'etjf 1t'll: H/zr,-Jl IJ

N.n. t:ew P:n-ty ))et1.t 1(l:I; Jl.c. ft.'>t U.:·:h.n: b/15 H_l! 3DO }:~h<''' 13,OuO CoiL<, Ohio AlP CO!l\'~!l( I,," l~ I .1 • l'c.·tit.lun: 8/15 f,>-lI t Ct:rt 1;":r' I;; lust V()t c /,1' tf.IIlV:'·'lt i (,'1 b <:l:Ttify Or(~. Run J.n prlt:'J!ry ':'Hd Iv5t

Pit.

!:.I. 9/1* ) J 1. T',,,.it' J.ou: 7/3)··nll«·!! 7",uO() slt;5. s.c. CenHy lOll, it

(S(~,; l:c\J rLlrt y'" Pt~ti tlon! 9/1 s.o. }nJ"", J'<:!'HlolI 9/2 M-II 1'<.: t) ({,~)OO r,.igs. C,:1n(H(I:'t(!/~;: lm;t VOI'("" Tenn. All' Conventinn Conven.tI !')!) 9/7 it /, Cl'l't ify Yen 9/1 f,. -11 22.:H1~ t£1.p,t;. !:.. C(WV~<~l:U.o.n_ 9/1') N."Jt J f)n:ll Ctilh Yr:(i A!' Ccr:Hy 9/J 8 * All" CHHVI.'LI ~ f en

! ~ .... Vt. yt,.'n New Pnrty PL,t1tion: 1,535 ~;i;~~. Va. All' )1(. r J t.t t'l.l 9' ."1 iJ.~' !, i ?!i.

::'':'.,J Party COflVI'n! fr' 1;)/19'};,,'; -}~ (, r('l" r I.,.:): ';/2(' !'.'t i t inn: 7/,-9/12 )ao ',iI;". ',noo .,1 {~~. \l.~'{-E

I;i:-t ! tl(J!1: 9/2'1 .1,1):)1) 1:.1 L:-> ~ f:~-J; ~:yo. In.!;..'!'. p(~tJ~ frrt! '1/21·' -11 C:HlJld'lte> ~,[-:l') t>Jl;"j.

*States where Wallace can obtain nearly automatic ballot position if nomi­ nated by the American Party National Convention in Louisville, Ky., August 3-5. **States where Wallace can still obtain ballot position by petition; in eight it would be hard (H); in five it would be easy (E). GEORGE C. WALLACE (GOn STATUS P~PORT 7/19/72

AS ·.AS CA:;DII'Xn: ACTIO!I CANDIDATE­ ACTIO:f C:i' IU:Q'.:rr.::u OF nQum:1l

Ala. Yell . All' Convention 9/9 jt New 'Party Petition:

Alas. Yca AlP Request 8/10 .. Yes Convention 9/23 .. Ariz. );cs AlP Convention • No All Avplicable fl11ns dates passed Ark.. Yes AlP Con'iellt ion 9/4-9/24 H-H .I'ev. No No Petitions Filed Cal. Yes AlP Certifica­ 9/6 .. tion N.H. Yes Certify 9/27

Colo. Yes Nolol Party Petition: 9/24 * H.J. Yea 300 £1&s. H.tl. Yes AlP Certify & 'J/12 .. Conn. YeB CcorEe 9/20 * Petition: \:allaco 3% last vote Party N.Y. Yea Indep. Petition: 8/28-31 Del. Yea AlP Con"cotion 7/22 * 20.000 siga. **-1: & Certify 9/1 !i.C~ Yes lIational .. D.C. li'w Party Petition: 8/15 **-H Convention 13.000 siss. R.D. Yes 1Ie.- Party Petlt1011: 9/29**.. rla. Yes l;e\,l Party Petitlon: 6/15 U-B. 300 d&s. 1% last vote Ohio Yea All' Convention 8/25 .. Ca. 110 No rct1ti~ns Filed Yes Convention 8/10* Ilalolaii li'o No Petitions Filed Ore. Ito ltan 1n pda:ary and lost I~aho No Petitions fileJ Fa. No (Sce Text) All applicable filing dates passed Ill. YeB Nc\,l Party Petition: 7/3I-S!7H-E 25,000 d::;s. It.I. . 'Yes lndcp. Petition: . 7/28** SOO &i&6. Ind. Sec Nell Part)' PetitIon: 9/1 Tc>< t 8.500 sibs. S.C. Yea Certi!y 10/4 •

Yes AlP Convention 8/~-9/3 .. S.D. Yea IndeX'. Petition 9/2 *. I • 2% last vo~e tans. Yes Co~sorvathc A1rc~")' !:o:.ir.alcd Tenn. Yea CODv~ntion 9/7 .. ny. Yes AY Alrc.,

\Iyo. Yeo Indep. P~tition: 9/27." S.t]!> 1:10;:.

* Stntcs \,here Hallace can obtain nearly auto:natic ballot position if no:ninated by the An:crican P.::lrty ~:ntion~l1 Convention in LO'.lisvillc, Kentucky, August 3-5.

1;* States "1here \:4111acc CCln ohtD.in ballot pord.tion by petition; in seven it would be h

WAS H IN GTON

August 2, 1972

Gordon :

Harry asked that this be sent to you. MEMORANDL'M

THE WHITE HOUSE

WASHINGTON

August 2, 1972

MEMORANDUM FOR: Harry Dent

FROM: Wallace Henley

My contact with the AlP says that it is likely the AlP will nominate no one and simply have a vote of confidence for Wallace. If they do nominate, the leading contender is Congressman Schmitz of , our John Bircher. There should be some fireworks over credential challenges for five states. Ron Mitchell will keep us posted. THE WHITE H OUSE

WASHINGTON

ADMINISTRATIVELY CONF IDENT,TAL

August 3, 1972

MEMORANDUM FOR: H. R. HALDEMAN FROM: GORDON STRACHAN 5 SUBJECT: AlP Convention

The American Independent Party is holding its convention in Louisville, Kentucky from today through August 5.

Late tomorrow, the Presidential candidate will be nominated. The Dent office contact in Louisville, Ron Mitchell from the Md. AlP delegation, reports that lameduck Congressman Schmitz (R-Cal) will probably be nominated. Schmitz is working the delegates hard and has captured the initiative from Richard Kay, the lawyer who had been expected to receive the nomination when Wallace withdrew.

Wallace may receive a vote of confidence and receive the "Honorary Nomination". There is very little chance that Torn Turnipseed's "Draft Wallace" movement will be success­ ful since Turnipseed has been all but repudiated.

There is only minimal TV, wire, and media coverage of the event because without Wallace the AlP is a shell, according to Ron Mitchell. & uqu t 4, 1· l

I • •

I AlP tion

ic

L tor J;j·.u.u~ Ul ou t h t b

GS/jb ug t 3, 1- 72

I • tion

on

GS/jb

THE WHITE HOUSE

WASHINGTON

ADHINISTRATIVELY CONFIDENTIAL

August 2, 1972

HEHORANDUH FOR: H. R. HALDEMAN

FROH: GORDON STRACHAN G

SUBJECT: Har:ry Dent -- Wallace Information

Harry Dent called one of Wallace's chief aides, Charles Snider, on August 1. Dent was under the impression that Connally had approached Wallace about a possible appearance to testify on the platform at the Republican Convention. Snider indicated to Dent that the Governor would be very pleased to receive a formal invitation. He doubted Wallace would appear but might like to send a statement or repre­ sentative.

Tom Turnipseed, who announced he would continue to press for a Wallace draft, has been completely ousted from the Wallace organization. Turnipseed and Peter Beater were receiving encouragement from Cornelia Wallace. Snider told Dent that George Wallace had "instructed Cornelia not to talk with Turnipseed or Beater again". Snider also said the Wallace people liked Dent very, very much and would continue to call him.

Snider is interested in working with Connally on the Democrats for the President. Should Colson be asked to contact Snider through Dent?

Yes, Snider to be contacted.

~ No, Connally is handling alone. 'M.t~ ~ ~

---~ ------r_... -...... H ...... _ ...... _-_ ...... _ ...... _ ..- ...... _ ... ­

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~~~ (}JJm~c fJL LU.J~ ~ ~ , ~~ rv/H 77w , / THE WHITE HOUSE

WASHINGTON

ADMINISTRATIVELY CONFIDENTIAL

July 19, 1972

MEMORANDUM FOR: H. R. HALDEMAN FROM: GORDON STRACHAN G SUBJECT: Harry Dent -George Wallace

Dent called me this morning to ask whether you could talk with him today before 1:20 p.m. After your conversation with Dent on Saturday, he contacted John Mitchell and will meet with him today, hopefully at 12 noon. Dent hopes to arrange a meeting Friday or Saturday between Mitchell and his two contacts in the Wallace organization.

Dent wants to update you on the Mitchell meeting and suggest some specific action steps. Since you talked with him personally on Saturday, he was reluctant to cover them with me. July 24, 1972

SUBJECT: George lvallace

Discussion with Harry Dent this morning disclosed: 1) Mitchell and Dent met with two Wallace represen­ tatives, Tom Turnipseed and Ita wealthy contributor- on Saturday, July 22 in a \'lashington hotel. The meeting lasted 70 minutes, 2) The two swore they had Wallace's "commission to arrange for the August 3-5 AlP Convention to draft tvallace for President-, 3) The two are convinced Wallace wants to run because God is healing him quickly so that he can become President, 4) They expect Wallace to be walking before November 7,

5) Roger Ailes was approached by ~le Wallace forces to do media work but Ailes said "no", 6) Connally is planning on meeting with Wallace personallYJ 7) The Wallace people who want him to run are convinced the President can't win and that the only way to stop McGovern is for Wallace to run as a third party candidate and then pool the electoral votes, 8) The "wealthy contributor" claims to have talked with Cornelia \'1ho says she and George Wallace are "prisoners" of those on the staff who do not \'1ant him to run, 9) According to the two, Wallace is not consideeing Congre sman Schmitz (R-Cal) because Wallace is concerned about letting the -nuts take over, 10) Wally Hickel was approached as a Vice Presidential candidate but reportedly said, "if the President approves I'll be on the ticket". - 2 ­

11) Kevin Phillips has been talking with Wallace people, in particular Turnipseed, and may report on the approach to Ailes. 12) Connally called Dent today to get this information from the saturday meeting. According to Dent, Mitchell will also be calling Connally. • ••••• " ~ ~~~~ "Y"'" . ~ -...- - .. • • • • ...... '•• ....-__ ..-. -. ____...... -...... -_ •••••• -.....---. _ ...... _ .• . -...... ___ ...... _ •• -- --- , • ...... ----.. .. --.. ------...... ----...... ------• - __ _ ' •• _-. --.. ... _ ... - .. _-..' .... '_._ - ___ --..-___-...... -_ • •• • ow ...... --, 27

OTHE R P O L I TICS

E ag h~ t o n w illlaunc b 1s t c an1p a ig n syving 'with clerk s ln e et in H awai i. on J'uly 2. 7.

J a ck.s () nvi.1Jc JO'.J rI'la l ~ B arry q.LlOtcs Fla. De.rn. dele g

A ll n e i s noted '\N a ll2'..c · , follow ing ~' l la j- doctOl' s c a ll s urgeqr, is " d o ' n g finc. " •. . O h io C ham. o f Arn . l n d epcnd,n t sai.d tha t \ \T a l.l ace 'wo uld apr ,a r a t the P arty' .s C onv elltiol1 o n A u o • 4 o u l d acce p t i ts 1101nin a tio n f o r Pre s i den t.

1\1u s k ie, b y hi s p OOl' politica l judge m e nt at c:onv ent ion, h as rn ade i t ilnpossib e fo r ;:'DY De m s to con'pl a.i n .-b out ) ho'w m u ch b e tter a Iv1u ski e -led ticket w o ulcl' v been. O n e M:uski3 • d e c gatc; r em.arke d : "He c ouJd l It l e a d h i s way out. of a p ape r bag. " P,nd 2,.1 aid e sai 1: l'H e's got a w i. s hbc ne w he r e his l)a cl~b one ought to b e ." M u s kie, says l\1c ali s , ende d tl'P i JT i tatin g a ll sid e s a nd 100 1 ~ i ng Lke a political amate u.r: ,

T h e L . A . T im.es T T critic , u de l' he ad "Te l e t hon lvl: isxs More

Than O n e Goal., Ii r a n s the teletl o n, w hich w a s "c~ b ou t a s st.r uctur e d as Demolition D ~ r b y" a ncl so plag u e d w i th techn ical foulups one

J" 0'~ ~:ol~~,d .thinlz the _~,OP h ~ c1 co>b\~ g g e ~ tr~e m~crow ~~ ~ s , '1 ?here w a s an unclChness ... l'.Ll\cl of l.n.'"p .l es~, ct U tlllJ.{nbs ql12.dty. The ente r ­

. ta inme nt. was "large and choi.ce, I I . a y s the writ e r, but "perhaps the \ld.~ UJ,1 ~l~gle m.ost rema r k a ble vehicle" W -1'e the candid fil1n s of ordinary OJ " Clbzens Hla king ob s e rva t ions on issues.• 0 there Yvas 'Igreat discontent" \ ~ 'in what they said. "I didn't adm.ire one of th('3e cheap, clapt1'a,p filmsl' (/V'- of EN quotes taken out of cont e xt- to make RN sound r~diculous •.. it was "unfunny and unvvorthy. ,. thc "riter says "it figured" that the tote board broke down at the $ 4 M [{F ,rk. The" Tir:nes notes Nielsen NY ratings for the 1st hOllr (lO-llp, m.) showe d the NBC D'lovie wi 22% of views; Mannix on CBS wi 13%, and t.he Telethon wi 6%.

The Detroit F ree Pres s TV coJun'ln thinks the telethon went

"rather well, " wit h SO ln e "truly exciting entertainrnent. 11 .J3u-Lalso some inter] lI(k s were enough to turn life -long Den'ls into Republicans. The write r tired of being told of necessity to bail out the 2, party sys t e rn and t o "Ja t cat" G OP re fe r e nce s as the whole question was THE WHITE HOUSE /

WASHINGTON

ADMINISTRATIVELY CONFIDENTIAL

June 30, 1972

MEMORANDUM FOR: H. R. HALDEMAN FROM: GORDON STRACHAN C; SUBJECT: George Wallace

Facts

The attached Wallace chart indicates:

1) Wallace is on the ballots of Kansas, Kentucky, New Jersey and Wisconsin;

2) Wallace is legally precluded from appearing on the ballots of Georgia, , Idaho, Indiana, Maryland, Maine, , Nebraska, , Pennsylvania, and West Virginia;

3) Wallace can obtain ballot position in the other thirty-five states by receiving the American Party nomi­ nation at their Convention in Louisville, Kentucky, August 3-5 and by petitioning.

Question

This memorandum attempts a qualitative analysis of Wallace, emphasizing the amount of effort required to get on ballots, whether these efforts are underway and if so by whom, and finally a subjective guess of what he will do.

Conclusion

to run, i t wo u I llinois, Texas, and California. I do hot think he will run; he will have had his ego trip in Miami Beach and deep down prefers the President over front-runner McGovern. - 2 ­

Discussion

The absence of a national effort and general l ack of intere st is indicated b y severa l d e velopments. Contact with e~ction officials, reporters, and right wing groups in all states confirm there is no national direction from Wallace. In th~ f our s tates where Wn J Jace a~ ears on the ballot, "local zealots " engineered the addition of his name. In some states Wa ilace has instructed his followers to work within the Party for delegates. Texas is the most imp ortant example. Wallace r ecen tly l et ballot deadlines pass in Ge org ia, Hawa i i, and Maine. The regional coordi­ nato rs responsible f or obtaining ballot position are maki ng litt le or PQ e£fort. In Idaho, the Al P held a Conve ntion and the ~art¥ c h airman resi gned, report ealy out- of disinterest.

However,- were Wallace to decide to run, the effort r e quired in crucia l states c Quld be mounted q uickly wi th varying

e i ghteen stat es ng e in Lo uis i lle on ,Aug ust 3-5. With little effort he could be on the bal ots by petition of another seventeen states (including Illinois, New York and Texas). His "local zealots" could put him on the ballot in New York and Texas as they have done in New Jersey .

The decision to run on a third party ticket is Wallace's. GEORGE C. WALLACE (GCW) STATUS REPORT: 6/29/72

liS. '''''liIOilTE AeTfOl! sTArE Ol' tEQUIf'lP ~ .Yes (:.t,,~trt I"" "+,'1 * .\(t' all!] *

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Ill. r.:tirlc,,, 7/)\-;:.17* *-E ~.:. Yes l?cti tic:-.: 7/28. **E 1';',(.'.\) si,:;.". .. $eQ ~i~s. s.c. • Ind. le/·: * s.=>. Yes lnc.ep. ?~ti ':!c:~: 9/2 **H 2~ ;:::::'0:: '!cs 9/7 * ¥E;S 7/2 **E 22t::~~ ~;'~$. Ktj. AP , Co~~~~~io~ 9/19

Ai:' C"rtify Yes Co;w;;;:-.:.:'c:". 7/3: * Ycs ?etitic:.: S/-::'J **E

~!J. Va. Yes AI? PetIt iCJ:1.: 9/'3 * 9/10~ !,':rJS. .",:t. ~ lit'!!; 7/';, **-H 'St. ,OJi ': '.~. Ycz Cc.:\.... ·,::-.~;0n (. ;1/:.9* *E ~'/2 G

t.t ~·:t t.~:1: .·:.tr.c. Yc::; a,OOG :;!",. A~rC',.'.d'.­ S~h\l i.: l c.::

f:"rlt~I:~! i/!, Yes l retitle :;: /)/'27 **E i.~/)O ,.1,:.;. **-E S,Dl!':. ~i(J~.

* States where Wallace can obtain nearly' automatic ballot position if nominated by the American Party National Convention in Louisville, Kentucky, August 3-S. ** States where Wallace can obtain ballot position by petitionr in seven it '."'Quld be hard (H); in eleven it '"ould b~ easy (E). July 24, 1 ~

SUBJECT: George Wallace ii~.

Discussion with Harry Dent this morning disclosed: f\7~ 1) Mitchell and Dent met with two Wallace represen­ "lIb', tatives, Tom Turnipseed and "a wealthy contributor" on I\A 0> Saturday, July 22 in a Washington hotel. The meeting ~~ lasted 70 minutes;

2) The two swore they had Wallace's "commission to arrange for the August 3-5 AlP Convention to draft Wallace for President";

3) The two are convinced Wallace wants to run because God is healing him quickly so that he can become President;

4) They expect Wallace to be walking before November 7;

5) Roger Ailes was approached by the Wallace forces to do media work but Ailes said "no";

6) Connally is planning on meeting with Wallace personally;

7) The Wallace people who want him to run are convinced the President can't win and that the only way to stop McGovern is for Wallace to run as a third party candidate and then pool the electoral votes;

8) The "wealthy contributor" claims to have talked with Cornelia who says she and George Wallace are "prisoners" of those on the staff who do not want him to run;

9) According to the two, Wallace is not considering Congressman Schmitz (R-Cal) because Wallace is concerned about letting the "nuts" take over;

10) Wally Hickel was approached as a Vice Presidential candidate but reportedly said, "if the President approves I'll be on the ticket". - 2 ­

11) Kevin Phillips has been talking with Wallace people, in particular Turnipseed, and may report on the approach to Ailes.

12) Connally called Dent today to get this information from the Saturday meeting. According to Dent, Mitchell will also be calling Connally.

GS 205A \\IAL1ACE 7­ ~nTH POLITI CSL ~lASHINGTON (UPI) -~THREE 1,968' BACKEI~S OF GEOHG[ C. i1ALLACE ANNO tNCF..i) 1'UESDAY A NOVE TO DRAfT THE ALA FJM'JA GOVEHNOR AS THE PREsIDENlIAL CANnltATE ON A THIRD PJ!..F?TY TICKET ~ TN1 TUR~IPSEED rom::n CM1PAIGN DIRECTOR FOR \\TAtLACE, PREDICTED ~MLLACE ~vOULD Acd'PT THE BI.D F'RO~1 THE Ar'lE:R! CAN PARTY HHI GH HOLDS II NmlINA'J'ING CONVENTION IN LOUISITIU,r AUG. 3-56 IN P.NNOUNCING T'ORHATION OF THE DRA'FT WALLACE Cot1rnTTEE, TURNI PSEED.1 A COLm'fBlA S.C.. , ATTORNEY SAID: "WE BELIEVE THE ANERICAN PIWPLE WANT GtORGE WALLACE TO'BE THEIR NEXT PRESIDENT AND HE tV! LL BE .. " THE MiERI CAN PARTY ErlER GED FRON vJALLA CE' S THIRD PARTY Er~"ORT IN 1,968 AS AN INDEPH!DENT PRESIDENTIll.L CA~;nIDATE. BUT ivAl.LACE, CRIPPLED BY AN ASSASSINATION ATTD1PT EARLl ER THIS YEAR, HAS SAID HE H!~S NO INTFJH':ST IN t1AKIN G ANOTHER RACE II TURNI p:~Em JOH1fn BY DtH CHT COrFtlAN OF DAYTON OHIO, MJD Don RIDDLE OF CAS~En, i"'{O." SAID HE HtlS NOT TALKED DI~ECTLY WITH vJAL1.:\CE At'OUT THE DRAFT ffTORT BUT CO~lNEN'rf:D: "VrE VERY DE}'INITFLY BELIEVE HE tHLL ACCEPT .. HE DID A1.1. HE COULD FOR THE DEMOCRATIC PARTY Bur i,IAS SHOtJfED DOWN ON HTS' PLlITFORN FROroSALS BY THE EXTRENIST DE1.f~GATES .. nIlE NEVER DID Sf'.,Y HE ~JOULD SUPFORT THE DEt1OCRAT!C Nor-UNEE ... THE A~lERICAN PARTY iHLL fJOHINATE HI~11\ND vIE BELIEVE HE ~tJILt ACGI.:PT",t'l HE SAID vlALl.er I S THE CH01 CE or f1! LLIONS OF M1ERJ CANS WHO tWULD DENIED THEIR RIGHT:? IF HE DOESN'T RUNo THE FIRST tl0VE IN THE DHft,F'T Ef.'FORT TUHNIPSEEfr SAID WOULD BE A PUBLIC APPEAL TO vJP.LLAcr SUPF'OR1'ERS TO SEND TELE~RAt'lS AND LETTERS TO THE GOVERNOr? J.;r~ GING HIN TO RUN .. UPI 07,,,,25 12: PED 205A 1;'IAL lACE 7<0:.25 in TH pOLITI Cst YTASHINGjON (UPI) --THREE 1968 BACKERS OF GEORGE c~ T,lf1LU\CE ANNO LN CED TUESDAY f\ MOVE TO DRAFT THE ALA BAr']A GOVERNOR AS THE PRESIDENTIAL CANDIDATE ON A THIRD PP,RTY TICKET. TOM TURNIPSEED rOMER CA~1PAI(;N DIRECTOR FOR l(lAtLACE1 PREDICTED {vALLAGE WOULD ACC!:FT THE DID FROf'i THE Af1ERI CAN Pf'.RTY ~JiH CH HOLDS l\ NOMINATING CONVENTION IN LOUISVILLE AUG. 3-5. IN. ANNOUNCING FORHATION OF THJ~ DRA'F'T tlfALLACE ContllTTEE, TURNI PSEED A COLur'1BI AS .. C. ATTORNEY SAID; nWE DELI EVE THE M1ERICAN pEOPLE HAN! GtORGE ~ALLt\CE TO' BE THEIR NEXT PRESIDENT AND HE WI LL BE. n THE ANERI CPIN Pf,RTY EMER CEO rRO~;1 ~JALLA CE' S THIHD PARTY EFFORT IN 1968 AS AN IND [PEND ENT PRESID ENTIP,t CAND ID.o,TE .. BUT l~ALLA CE, CRr PFLED BY AN ASSASSINATION ATTEf'1PT EARLIER THIS YEflR, HAS SAID HE HAS NO INTEREST IN MAKING ANOTHER RACE. TURNI PSEED .JOHIED BY D1H GHT GOFFi1/\N Of DP,YTON OHIO, ".ND DOll RIDDt}: OF' CAS~ER v!YO" SAID HE HtiS NOT TAL11INATE HIN BELIEVE HE tHLL J\cct:1","1' tt HE SAID "..rALLeE .1 S TH'E CHOI or I~I LLIONS Cf'~J'lrRI GAt,;S D F.Nl!.D THE.lR In GIl" IF HE DOESN 'T RLl'~ ~ THE f,'IF:ST nOVE IN 1HJ~ DHA ~-r;""""""'f)T .... .r .t U tL ~ 'rtf"'''1!~ ,Hj ~ ['pr.... .c...~'~) "'AID 1 "nliLD~lJ ", ., D~,C)L I"\'" n\'n'r .J J,.:"L r'h,t.. l'\.~ r:""T:"~I.. '} ;J':~!t ~ 'rri.1 \yl f'1\11'/,t /"1 ,_ .I'ti~r' .; SUPf-DR ru~s TO S TELEGRi\ MID U:::TTn~s THE GOV INC; N TO E.lJJ ~ UPI 07"'25 12' PED ADMIHISTRATIVELY CONFIDENTIAL

July 19, 1972

FROM. GORDON STRACIWI

SUUJEC'~I

Oent called me this morning to ask whether you could talk with him today before 1120 p.m. After your conversation with Dont on Saturday, he contacted John l!itehell and will meet with him today, hopefully at 12 noon. Dent hopes to arrange a neeting Friday or Saturday ber~een Mitchell and his two contacts in the Wallace organization. Dent wants to update you on the Hitehell meeting and 8u998st some specific action steps. Since you talked with him personally on Saturday, he was reluctant. to cover them with me.

GS/jb

UPI-9 (WALLACE PRO [H

UPI-10 (WALLACE PROMISE) MIAMI--GEORGE WALLACE SAYS HE WILL IGNORE THE TEMPTATION TO RUN A THIRD PARTY PRESIDENTIAL RACE AGAINST THE DEMOCRATS AND REPUBLICANS IN NOVEMBER. WALLACE, WHO DREW ONLY 377.5 VOTES FOR THE DEI«lCRATIC NOMINATION AFTER WINNING FIVE STATE PRIMARIES, WAS TO CLARIFY HIS POSITION AT A NEWS CONFERENCE TODAY AND COUNTER HIS CAt-1PAIGN DIRECTOR'S HINT THAT A THIRD PARTY RACE WAS JUST AROUND THE CORNER. GEORGE MCGOVERN, THE OOMINEE WHO WALLACEITES SAY IS 180 DEGREES AWAY FROM THE ALABAMA GOVEROOW S PHILOSOPHY, INVITED WALLACE TO ATTEND THE CONVENTION TONIGHT. WALLACE SAID HE WOULD IF HE FELT ABLE. THE CONVENTION WAS TO HAVE BEEN TOLD LAST NIGHT BY THE MAN WHO NOMINATED WALLACE THA T THE 1964 AND 1968 THIRD PARTY CANDIDATE WAS NOT CONSIDERING THAT ROUTE THIS TIME. BUT ALABAMA STATE SEN. BOB WILSON FOR30T TO MENTION IT IN HIS SPEECH. "PM NOT GOING TO CONDUCT A THIRD PARTY CANDIDACY," WALLACE TOLD WILSON IN A TELEPHONE CALL TO THE CONVENTION FLOOR. "I'M t«lT GOING TO RUN A THIRD PARTY CAMPAIGN, AND YOU CAN SAY THAT IN YOUR SPEECH." 7-13--L848A

~ 8

Perkins reported that HHH had called McG, and now McG was going to call EMK. If EMK says no, Woodcock, Askew, and Ribicoff are maj or pos sibilities. . .. DC delegate Fauntroy said blacks were key factor in putting McG over the top, and they'd be key to November victory.

Jackson aide Wattenberg answered "maybe" as to whether McG could win. He said Jackson would support ticket, but did have "major ideological differences" with him. He said that McG would hurt Hill candidates as of now...• A Daley III delegate said Daley would end up backing McG, as he'd pledged eal'lier to back ticket•.•. Abernathy said McG was a "very good man, " and that "the poor people are very happy. "

Missouri Gov Hearnes said that if McG doesn't change his policies, "he'll have great difficulty in carrying" that state•.•• In another NBC interview, Newton Minow, an III delegate, said as of now "we'd take a terrible shellacking" in Ill. But he hoped new and young voters would make the difference.•.. S. Carolina delegate said he didn't have the enthusiasm for McG as for other pos sible candidates.

Iowa delegate McCluhane, who was a air cadet with McG in W'vVli, said he doesn't agree with certain of McG policies. He also felt McG is "more liberal now" than in WWll, and that he wasn't much of a liberal then••.• An Ohio delegate said it'd be a "difficult job" to carry Ohio for McG.

A Mich delegate said busing would be largest single is sue in November, but there'd be other issues too. He felt McG's chances would depend largelY on Wallace's attitude.••• Chancellor noted Wallace said he wouldn't run on a 3rd party, and this, said John, should help RN. / Chancellor closed NBC coverage by noting that a close friend of McG had called him "a humble, self-effacing egomaniac." * 13

McG will call EMK after nominating session. Reporter said McG polls showing EMK as strong est possible VP were shown to EMK in hopes itld influence him to accept. Next to EMK, Askew, Woodcock, and Ribicoff are most mentioned, said Perkins.

Following HKS note that EMK was No. 1 McG VP choice, but that Teddy isn't interested, EMK o n film said he had "no plans" to go to Miami; that h e hadn't been in touch with McG, but will call to congratulate him on nomination. Teddy was l'flattered and humbled" by degree of support for VP slot and "appreciated (Dem leaders) sense of confidence" in him, but has been making his position known all week.... NBC also noted EMK is still on Cape Cod. On film, EMK said McG understands and respects his position, and also, that he's flattered and humbled by support, but he's still not available for VP He said he felt Dems could unite, and he'd try to help such an effort.

UPI reports some McG advisers of expressing concern that EMK as VP might, in the eyes of voters, overshadow McG and relegate him, in effect, to No. 2 post on the ticket•... EMK aide said EMK will watch nominations on TV, and will be available if McG wants to talk to him, but "he ha s ruled out" the VP spot.

Re: Daley's unseating , EMK on ABC film said the Mayor had been a long family friend, early JFK supporter, and he admired and respected him as Mayor of a great city.... EMK said Daley was "a figure which any Pres. candidate will need to be successful in the Fall." AP said Teddy brushed aside suggestions that Dem divisions could injure chances of defeating RN by saying, "by the time the campaign gets in full swing, we will be a unified party. "

Over film of various governors arriving for meeting with McG, ABC's Geer noted Carter and Bumpers were 1:'likelies" while Mandel was "very unlikely" candidate. Luce'f-- a "dark horse" -- in press briefing after meeting mentioned only 2 names -- EMK and Mills. After note that Mills released his delegates, Ea gleton, who Geer said is considered a llfrontrunner" for VP, said he was "ready, willing and eager" to be Veep. Other possibilities are Woodcock, Gilligan and Ribicoff, said Geer, so it seems certain that suspense on VP nomination will continue.... Woodcock, on NBC, said he'd give a VP offer "most se rious conside ration." His own 1 st choice is EMK. He stre s s ed McG had not offered him VP as of interview time. GEORGE C. WALLACE (GCW) STATUS REPORT: 6/29/72

AS, C:~Ii\)! o",'!: or

1\ t i-' Ai? CC;\."C:1::i.':):'I B/IO * fili:: ..: (~-,t.,~ f'et.ltIQ" : 7/1!, **-H l~ Jnt \'ot .., 7/7 **E

AlP C(Jrriij,,::- 9/(, * ,- ~ t ~ O~\ ,n_,,_ Al =.;::~t!!.'J ~'!~;.li£ic(~ C.;>lo. Y ..':; P·:t I., tC.ct':'t.io~: .3, .!..:...::t:. c·~·,-.J: ~.;c ~:6~11a~!.: :'""fty := .. Y. 1','::i ::':.on: C/2S-J:!. • 2C,OOO ;;':'S"5. **E (:,,:...·,·Cll !.;'" 7/<:! * & C~t.iff 9ft !':.!t.:'O!1.:!l * f).C. Co:-'J'c:n ::io:"l Pc~it:,c:'j: 300 ::;i<;s. l'·;tlr;~l: .3IIS**_H J% l",t ,,<>te c:-.':'o Yes Convc;-;,tiO:1 G.,. C:d:::.. Or",. ?a. 1<1,'1100

Ill. F.:.::iti..c:!1! l/Jl-'Jf]**_E R,,:. Yes !'C!titiC:1! 7/i.S. **E 2~'lG'}'J !)i~ ... c~C\O t':'gs .. s.c. le/·: * Ind. ",I Inc.cp_ 9/2 **H 2'J :;:::':'0::: Yes 9/7 * 7/2 **E Ktj. 'Les AP

t~. 7/3: 9/1:) * Y"s * 70S ?c:ti:.:ic:-.: S/::O **E l,S:::'5 si,;s. ~IJ. Va. AI? r>c-tit:'o:~: 9/3 * ',10;:; ,:':'j::;. ;,.:i ~ tin!: 7/~ **-H Yc:; CG!"~"''''::1t;rJn to. ?/:,9**E 1l ("l i t.i ,-,:1! 9/::(; 100 !.>It,j:-; ..

!~o :;1 !.'t. Petitio'" Yc:; i\~ rc,,<1'.­ ",.ceo ~! ~,;, qu•• lifl,,,; P.Titlon; 'il7 Petit:ic:.n! ')li7 **E 1,0-110 Sill'" **-E 5 1 01.5 !.>igz;.

* States where Wallace can obtain nearly' automatic ballot position if nominat.ed by the American Party National Convention in Louisville t Kentucky, August 3-5. ** States where Wallace can obtain ballot position by petition~ in seven it.,,,,ou1d be. hard !H); in eleven it \-10u1d be easy (E). J 3 , 1 72

1. •

I

"S 11 co ch rt i dicater: I

i on the 0' 10 of isc n OJ ,

tion ,

'0' elusion i.o to r a t. ird rt tick t i •

GS/jb June ~9, 1972

nm no::0P,ALLE l C '!'·) N . l:UTCl·lELL

TIlJ:ZO liG i: :

7 1) FItO;:·f: GLENN J . SEDAI·f, ,) ~ , \ .

Sul1 J ECT:

In ny mc::~ ;)r" ~ du m of June 12, 1972 '.Ve re"!:ieH2d t L .! l.:lHG of each of t he fi. f ty sl ':: !' 8 S cHId the Di.strict p[ Colu;;;j L.l to clet c n~ ['ine. tliOse s t 8 t ~; in \:I.ic11 Governor \hl l·3.ce , .' l l l be p ":" (> cludeu froE) iJeing a Pn2si clent i al Ca ndid " te, and to (l '=: tcrmi. n e l he l egal aU.ions tIte G(j'IeL ncil: nl'J'.;t t c:~ ,:i.? to ot t<:t:Ln 0. bil l} a t posit i on in those sta tes in whic~ it is still possible for him to qualify.

This l:~ C: I ~ ' .J i6 a l1G u : u1Jc1~~t ~ C:~s the ill[01.T. ~ti( ) I.J . 1n the J uu:.; J.2 E:E: I;lor ;i~ J. d u 7Jl reflscU.ng £ i 1in2 ck a dlines \,' h ieh h a y",. IlClS t since June 12. TU s rrenornnci u8 fu"they pro vi d e~ J sub ject ive analys i s of a Hallacc third party possibility.

After tal1:inz ,·,ith election o .f f i . ci Cll ~;, Tcport2r s a u d GOP leD.dcrs in the vari o us s t a t e s , it is my opinion tl\~t CoverooT Wallace still does not, Li t thi.s ti i' 1 ~ > COGti:;,,~p L~te a rh.i.rd p cc rty c6' nc.ii r2,'.cy. ALtCJrr:cys and r e~~ i o ' l;:,.. l co,:::>pii.r 2,t ors ~D ': the GO \ C'L-nor r<2,::;0;: s·':.1I1e for obti'.:tning 'C)ll(} .... "! \n r -"':- j ( '11' r ' I':I(' - to b'" r _ ! .. -' - r.~ ll'l t -! "l 0'- r'o e ~ ' : ..,--t ~ o ')CC cr·- r lieh b , •.. _ L. 1:" "'»"- ; " • .c" . _,.1. c. .. il "'U:--, . ". _L. .c ., . , ~l J L. c:' ) ,! , ). ~ ' . ( t h a t [;oal ano h av ~~ a] 1,,];·;ecJ the" ClC2,d i.ln c::., to p o ci S l)1 G(c Orr~)_a, H m ·/a l l and l'l o.i n c. I-Jithout f i ling . .

In Id,~h 0 tll ~ St ~-,tc j,IP CO:IVCIl l:i oil :.clS hc J.d las t '. ;eeL 2nd the state J18.YL y T c ro L t~ dly r .. Q::~in:.L ~ cl 2. i · ~ ..:· . Stei 1b,-U':: i~ '?~ [ or r r(. ). ~:;- i. _ d e.. !!.t. The AlP .:1. 1 :.10 1.121,-1 ,-L c o n~·. ~ \'.nL i cn in ~/) . r i~a n ~.~ es 1 2. [i L ~~ a tu:C ':' ;: i Y ~~n \" :, it :~s r C? porto.d th2 t t he: !lc:.d o f lh e: st2t 2 [) 2 1' ty fo r U, c l a st: L ', ' years , Lr. 1,.' a lt8J: CC:Yl: u th, s t oppe d do',·:". All of \'.7hich S<:,( :H~:; to con f i rn a pAt't.cr-n of disintc re c' t .

In K::!! ~; as, t h e, c or,se rvCltiv0 jl :-:r ty r;'2L: on J l !n c: 20 w1 d nond.Dil Led Gove r no r \-.' a 1 J :lee for P n :s idC:;;l . Tlw GllV(' rnOl' t l>v r cf:'o;: nO\-1 lw<; a baIlor )osition in :

N,-'v Jers e y 1(8 1: I ud:y \,' .i ~; c u n ~; .-n '1'1.(, Bor.or ..ddc .John N. ;~jLc:l:el] J!-'l~e 29, 1972 p ~g{~ 2

'. r' T1.2 Gov!':::~lI.n- CLm 2:l_CJ..~. run, c.ither bC:Ct2dS(! r.!cilc'lines h-:vep;Jssed or hec.ause statctc3 b~lr 11:l.r:l ait(~r p~lrticjpal11~g iLl a pr~~j':i.;~l~Y in:

Gcor~tn .:r~li chif.:an Ilt.~'."flii , !.~ c~h T tlS ki:l Id:.:ho , 01~\~~gon • P(:nn.:~yl\r(:Tli.a • rJnrylGnd • \-!e.st Vir:;,i.nia ~"13ine

The Governor cnu obtain ballot position in alJ the other thirty-six states. another c~:.:!dLdatc if CQ\."crno'[ 1';ullact;; docs not ~Qek their nOI1l.n

Al

,nIile there is no apparent push by the untional Wallace orgnnization, local HaJ.I

signatures to qunlify for the b.:::.l m:cn:,' ','('re (;:1 u:,lifi,'J. They 011G-::cl U? 7,000 :,ign;:turc~; shari... T;~2 :-,!:~()n"',;:~y r;,-;1l'l~:~l b~E: (':~f:,-G'~::;d tilt:' d(>;'ilirlC'till Jllly 15. It is

IJJ·in.~:·:',; _. th" ;1('('(>.1 25,GCO :3i)',r,~,ttl;'C:; could, uith a push be obta ·J'liC~ p:..::?~iod ";-C)l.~ J.oip:~ f;,) if~ Jul/ :)1 to Al1gtlSL 7, ':lnd the org;l'li;~ution ~'li.d (nL1l\'\f'L1~~:.1 sect,S to be, flv,'i:L~lhll: to .?ccu:cpl:ish the: job.

t- h ':' .1l1[IC li:, 1')72 i ~~,'~ U(> () f F~:l t ~{ (L~lt~ P:.I(:"'y UUt1L"l" h

in Nee·] ',:'ork in 191)C,) il;;,l lOU :".'1>;0:1S 1),(1;:1 1;0 cOllnt:ic~; prc;scnt at a state r·le~l-J.~~ ,]"'1d pli'n:-; to p~";~~h for t r: 20, oeo .().i:~rLJ~.ur(~s ncc~dc:d to ~:et CO\TCj-li<~~r t}eJ JaC8 en tiie h~~lJ ot. cnuld cbtail1 t~ bG] Lot pu;:;iti'on [or tll:_: Go'vcJ:n.:-)t" even if he! ,\.p~rc not liU.linatcJ ir:. Loul~:n/ille.

I 1 c:::?;s - ;) pcU tion c1ri v,·\ has beca unden';iJY ~ but has been falterir~~ bc:cdu':';e p0rson:,; Vl'[ in. the. c1t'.mcC' 1:2ti C l'lriF.n:;' Here bcl:cred from signing} Dnd hccD,n:::;G the 22 !,O(l!) l'!}~C:S held to be obt;:::.incu bct\'i~':t~n JU:1C 3, and Ju].y 2~ 1972. 'i'he AI' tll,:!ref'ore brClu t suit u3ainst the Secretary of St2tc v. Bob Hulloc1~~ E.O. 72-CA50 U.S.D.C. 2~.luland~ Texas) H'1.d received iJ. tc"por-;:n:y restr<.,-iniP0 order il:;",inst Bullock prohibit l}ulloc1: fro~ refusiuf their tions with Dcrwcr2tic voters as signatories and from n~[u::.;ln;; p2t.;tLons :r2cl:iv~d until i:2i:'hcr 1,1972. The Ar is actively SE-cld':lg the neede::: sii';n:.. turcs. Tll.:; L"~"':) held a state convention in Dall~ts on June 10,1972 and nc;.iuG.ted Governor \·!3.111'lce.

Conclusicl1

There is no national effort un~erway to obtain ballot position for The Governor lor I':uvc:;:hcr.

II c\'Jev-er .. f:hol,Jld be! d0.ci(1~ to r1 i l'1 hp C01.~ld I?flsi.l~l get .:2l!torp':ltic b~l:Lat position in cj?h'~2Cn st:al2~; (incJl'(iin~; Ca1ifo~:ni2. and Ohio) by being nordnated hy The:: A!.;c'ricon P ,It its corn;ent::i.oll Aq;.ust 3 - 5. Further he could, ,lith a little effoJ:t~ G,2t bnllot position Lly petition in eighteen more sti:!tes (includin; Illirloj s, ~;..:;:\V York and Tc:xas).

Its all up to The GoveLnoT hiFisl~lf. l<,lithout his tur he will be on the bGllol in cn].y 2,bout four St2tC::~. But if he Fere.! to S2Y The I·Jord, he \:ould b2 Gn in for:'y statei';,

Even if 11<::: do:~s not ~c.ive his In:?rinitu,, local enthusiasts on their (\\Vn initi;".tiv.3:. c0uJd hir"- on the' billlot in SW)l i states as r~e,,, York and l'c:~·-:s. They ~8'r,}e alrc[ldy clone so ill r\~e\Y Jersc),r. ,: : f.. :. • I ','. ~ (, • , . )

,:•• : ~ : •••• ; ., ",' I .: i.'

i.l'. .: . 1 ~·:o. .r'etiLic:: : 7/31 ,',1," (Sc;c ::":;':)

..\1...·,•• ;,11' ..,,,, ::0 .\rL:. r·~l i l r1:1. : ;J !..-, li, I:",L \'_ ..•.• ::\-:tit:'O:l! 7/7 1j,(;['2 ~iS":;. AU'

C"l. AIr (.~n. i r\.:~­ ,. ~ tfua ..... tJ. ;\} "::t:!~.1'-~,! c:':,~li::ic.(' C"lo. Y\':; P,~t 1. t tv:): Yc::; C~~~i::y L S/l~ ~v.) ::i:;,. :)(~t:"!:.io:-.: t;-"~1:1. Gt:!J:~1..! .....0::0 ~:~:ll i!~l.! r<:u-ty :;. Y. YC5 !:/~?-31 •

AlP C0:,"\'t~~\l i..:-:'\ 7!U S C\."c::i~:I 9/1 ~; I C. :,,:,,:::'0:\,:,,1 CO:-i"JC:1, tio:1 D.C. Yc:; P0~itic:-,: 9/;:9 3CO s!.S'$. nC!. J'·:titi.··" (,/15 17. 1",t v.ote Co~vc~tiO:l 3/25

C:I. ::0 ::0 ?ctici0!1~ ~ilcJ C:d:::.. Ycs ;12 Co:.·..,,:\:: iO:1 B/le :\0

?.:t. ~o (Sec ~1! ~?~!ic~~lc ~ili~g ~~t~s ?=SECe. to;.:t) Petitic:;.: Ill. Yr."'::], !'·,~iti.r·!l: 7/J1-3/7 P... :. Yes Inccp. 7/28. 2j,0'}') !"d~ .... s.c. CCl·ti!y :!.c/·: Ind. PeLitt",,: ~/l $.D. Yes 9/2 2~ ::=:'0:­ .../'C!.:~ Yes 9/7

YC5 :'ctitio:-.: 7/2 22,3::::0 s;"';$t yC's .W & Co~~~~~io~ S/l9

L~. 9/U Co~v0~=ic~ 7/3: Yes ~cti~ic~: 5/20 1,5:'5 sic;s.

~lJ. Va. ¥C:; 9/Z

:\:".-1 l'.-.rlj! i ..·t~li:·\!: 7/5 1'::1. Yc:; :(, ,(l3,~ .. ..:.:>. CCJ!~·,l·::\!.. ~ '".... n (. 9F9 i'C·l!.li,.:...:~ : 9/2G ~: ~"dl. :h e',e 100 !;ig~.• " •.':--t )

,;.,., "::"'j' ~':l '.l '."~: 7/'),,')/11. ¥c:; A~ rc .. ~d:.· 2,1.' .:) :;!":•• (.!~~c.llj ;::..c:,~ rl't't t: ('il: I:yo. Pc ti li(,;,: I"" :: I :. • 1 • II:'~ 5,Ul~ !.;i9~' GEORGE C. WALLACE (GCW) STATUS REPORT: 6/29/72

ACT loti TATE ttQul~L~ ~ fio. '.].~. ,\ Il' (;11<\ ....t I." "1/'1 * AII' I/lr) * ,\rL:. flet-iUon: :,'!l, * * - H 1" LISt \'Q't... 1:(:'.1'.

C ...l ...."t!f'I;\ 0/.-"24**-H ... ~. .. \ .. ,,;.. Cc::::t:"f"y AIr Cerr,ifl.:,,- \'/6 * t: O~1. 1; .. J .. ~l::I::;)'r!.,,/ <:tt..'l.l i;: .ic~ !'lIt it 101'1: 9/24 * 3..,.) :;iJ:!; .. N.N. Ce:::t:.iCy .. I?ct:'.'~::.io:-, : ole, !.~~t. ~..:~.., lJ.-lla.:., 'l.'O::C ":rt'ty 1: .. Y. ?~ ti L:.o:1: e/lB-3l • 2C,CO('! ~.:~s. **E f;oP\1It"t.io" 7/U * !. C":L:H, '>/1 l: .. C. !:.:It!.(.);'1.:l1 * n.c. Co:-...r(';:'\,~io:'\ ::,0. P"titie:-.: 300 s1.<;.5. fl:!. eI.·J P.trt:r ".tltI",,: <>/1S**-H l % 1.1·~t \'\:!teo C:I~O Yes 0;';1::.

Or~. ?n.

Ill. l'..:tLtic!1: 7/Jt-817**_E R.I. ....·cs Ineop_ !'(!titic~: 7/'l.S. **E 3.5".411)0 sIS'S. • SC-O .t;!.gs .. s.c. Yo.:: Cel' ti!:I l~/·: Ind. rc.it[",,: ')/1 * 8,5'0 ~les. S.D. 'l'cs ?ct!.'t:'C':)! 9/2 **H 2~ :;:::':'0:­ R!f.-9/J * Tenn. Yes ~/I * 7/2 **'C'...... it-... s

9/3.8 * Cta~ 7/3:' * ", ..". 'los ?et::·~:r.C:-': 5/;:" **E 1,5:'::' !:'i.';z. }lJ. Va. l'c:.: ')/8 * ',lO!> :;':'J::;' Yc:; C(;:;'J'~n~ :r~n t ?/;<9**E ;. ·l.... til j ,.,:1 : ~j/2G ::,<, (~"'t' 100 !;is::-;'' T·<'<:': ) l:.11 t:pp).iu~lc Kl"... 'W~sc. 1-.1> A' J:c"d'" f1'J~.li;l~'1 YE'$ l'etltiOt\: Wyo. ~/!J l'cti lic·a: r:/:7 **E 1,000 Sl~. **-E S,Ol~ !...it;!;.

* States where Wallace can obtain nearl~ automatic ballot position if nominated by the ronerican Party National Convention in Louisville, Kentucky, August 3-5. ** States where Wallace can obtain ballot position by petition; in seven it ',would be hard (11)-; in eleven it would be easy (E). r

Conlrn!JtC(~ for fhc Re-election of the Pr8siuent

June 29, 1972

THE HO;.)or:.ABLE JmlN N. NITCHELL

TllItOllGiI : JEJ3 S. 1-l'1GRUDER

FROi!: GLENN J. SEDAl·l, JR.

Governor Wallace

In r,;y mcr:~C)ra:ldum of June 12, 1972 \·!e revie~'12d the lavm of each of the fifty st.:'.tes <"mel the Dlstrj ct of ColuT;,;oi,,! to determine tho:;c St;::t~dl'J ~,hic:h Governor \·!all.3.ce uill be precluded from bejn~ a Prcsjd~ntial CnnJiJale, end to determine the leGal actions the Cc.;venltjr l;i'.l'3t t,,::e t.o o0tain a ballot position in those states in ~,ilic:h it is st.ill por;si.ble for ~ir.1 to qualify.

Th:is n(;l;~,)Y-i)l1(h:r'l llpc1nu:s the infol"c;:tion in the June 12 mel:lor;mcium r2flccting filing dcacllinC's \·,hic:h have past since June 12. This l;:eT:'!o:c:mGt,:;, further provldes a subj ective analysis of a Ual13ce third pnrty po:;sibi1ity.

After ta11:irlg ,dth election offi daIs, reporters and GOP lCcy. Attornl?Ys and region,:1 cool'CLh·~.J.tors for the Governor responsible for obtaining b,lllct: P(;,.)tiO!l ~;cc:':~ to be' eal~:i.n::. little or no effort to accomplish that f,o:ll c~nd lWV8 a] lo~·.'(cU the deadlines to P.:J.ss in Georgia, Ha~l<:lii and Ho.inr:? HitLout fi11n:-;.

In Id;c'ho th::~ St2tC l~IP eO:1Vcntion \.'.:1S held last ~... eek 2nd the state po.n:y r.c];or::cclly nm:!i.l1L.Led Ll l·~r. Steinb2.ckcr lor l)resident. The AlP 0.1:.0 h(.'ld ~l C:Oll\'(~iltiC!1 :jn !\r/;:al'l:',Js L:st S,~,tuJ~c1ay and it is reported tb.'lt the he<1(1 of the f;t

In r:;'u;;c1,;, tll(! CU['J:;CTVi1t j \'(' p;~rLy Fet on June 20 and nouinatc-d

CO'VC;-ll('r 1'!,"11] ~:ce {or Prcsicl(:~lt. 'T.:IC Governor thcrcfo1: 11011 11:1S (1

1;0',-, Jersey K!'ll r ticl:y \~.! ~~ rnnp.j 11 'j'IJ(~ I !O "')l.:;~I,JJ.:' , J (l~'1 1 :'J. Iii LeheLi Jtll,C ;9, 10/7 l' '-' ~;'~ 2

< Ti:L~ CC)v'_')'lCn:' C;;11. _n(_~ ,un, (' .i '-b e l" DC'CQUS(' rlC(1 (1Jj nc:s h<~J C pusscd or becnusc stat~t:c;, b.er ]li.):i i,

Gcor1:.L:: lli cld_f,211 II i'C'..' c.i': n (; :l)rQ~:;l\.d

Id;~llo 0'.. ,>['011. ~ Tndi ;~ ; '1;1 Pr:~l1 n !? y}_\7;::'.1 1..'7 l·!aryl~-:lld Hc~.t Virz.i nia

TilE: CeJ\lcnlO r C;;I ; ():)t~: iil bi'lJ.ot 1'8~~:iU(;:1 in. <111 the other thirry-sL.;: stot-.es. Thl' /,::,': l-ican r;

cSD(l4-1-; ( l r c :-:r!d .1fj .:::. L-.~: j,;: C0\rc... :r.-!'~ 0 '( ~; ~ 11,J c,,~ d t.l C S . no t s C-'.€ k th e: i r nor-d.m'2. t. ion. Tile j\ : ~~'l:j_ c a n ]';-l'-ty, 2nd af£ jJj;;L~ : cl p ':'c r!.:ic·s, ,·}ill. );!:.,e:t in Louis vil1(~ , Kentucky A~l?,l~~;~ 5-.). If they nO :;) ·;l~c~f~c CCJ\, (-~!~i~Cr ~';211~l c~ , he \}iJl obtnin n2r,:,ylV ~1~~~:~ '. ~ ~_~."~ bellIni: POD-ltjun :ll'l l.ilC follcl·.·.,ing slates:

A1 ,10 (.1:" :[1 (l; l~cJ ('}~ t!l c: Tr~d(~p'211d ( !J1 l J? () )." t:{) A.l i:-;~~k.c! l~c\ ·/ 11 ;:< ',~)'s h ire. L

01: L:lioii'Cl 1o,.' (l Sout'll C" rol:i lli,i Lc' llis i.:: rl ({ Hun U,ll a.

-l!id_l " there:-: is no il!1;nrc;l,t p\l,~ h by th~ no.tjo:121 1-:C11LJcC' OI: gQll:Lz:JtlOIl, l ocCll \.Ja.1.1 ncc: C J1Lb:1S _ ~ ;::~~ I. ..; i ll :~« ~'2 of t~.JC ;1b l") ....·,,:.: SL['i.L Cfj Dr i2 \ ·)o r~~ing to o obt[:in Lhc rl~ q t.: l ~;it>:~ nL:;: '!)l": 'i ~ of s ·:.l~i.J:.:;tur(' [, to (j'..2;iJi fy t-. he: G('\'~:rl)(jr fo r b;-:11 oi.: P()~-;:l LJ on. The si LtL~ i:.i . Oi1 :i.ll t.Lc (; l:nLf':'; \.'11 : .'H ~ titcJ.'(o h as b0C'll 3c t: ivity is as rollOi}s:

/\_~~:..'~~2 ~(_: " ~ - the :\J l) fi.J'~ ' cl !i~ O l.-C th{~-~1 ~~'JloL!gh s i~{n;~ll~!.- CS Lo qU:l1if:'l for the h c~ llllt., l)i l l r!l.:l :<'.: \ ·~\.:1.·l~ c.Jis ~: lI;! J i fie(l. They CT!ocd up / ,000 ~)j.(~nt:.L ur c~; sllorL: . Ti);? }-\Lt {)l:r!:.: y CC-:le_i~ :;l h .· ~~' C~p~tl."i~ "_:(":d t he (\(:<"'JJitl e till JuJ.y .l5~ It: is rcport (· c! th :d v,l l:h ' ,'; 1;.1 :':[,1 h ;:s \ · :(il~(;l l 21~ 'J lncl:(' is no ;~ct:i.\':i ty to Ect the a J di t j,em ii :~ 7 , c: 0 0 o;,~ [; 11 ': ~ L u ].

X!J:i~l( ~~ ._:_ - the ,lccc1ed 7.5,00 ·J ,o i.~ \ n;:-,tuj' c" could, 1.'1tl: a pu:;h be o!Jl',; ,! :,,(: . ·fl. :' p~::iod :01: c n i .,;" :,0 j" JClly :n lo /\\ ~;~ \I :~ ~ 7, 611rl t:l12 OT ~·.~--: ~ ::i;~:; :~ jJJn and (:1tll ·:J,~;lt'""!. ~·:l:1 ~; ( :c! ::s to 1)( , ,'1 v ~~. il~:ll)le t o ;t C' cur;:pljsll ti le job.

~ ~ ., ... ,~ ... J '.i· j I., . ;..; 1 \.' 1\ ~ -,) t t.:, ~ 1J l. L J l~.~ Tile 1l(~"(lr;'dllc .hllll'l :L :Utchd.l J u:w ?9) ]:.' /2 p iJ ~;c 3

in He'..' .Y(,r;~ hl 1S'!r;c,) h;!d )(10 1'~'.]:S()1l'3 from 110 counties pn;sent at a !Jtate lU:e:tini: '.nd pL;n;~ to p·:sh for lil(~ 20,OCO !;j.gn;1Lures llcc:(]c:d to f~ct (Jov':r!!',r l!i~'IJ~;Cil on the bdJot:. They could oht:::in;) bnJlot poejtion for tIn.,: GOVCl"!'·;1r eVC:;1 if he.: \,81:e not llo;'linatcu in Louis·\:Ille.

Tc::;;s - fj, pc:Ut:ion driw' hor; be'cn L:ndcn·;ay, but hAs been faltedn[: b,~c;w~;e l)C'(SOll[.~ votjn~ 1:1](..' demccr2tic pLiJ::;>ry ,'erc b

'1 1'("" O .1~ S'.L-...... ,t"_ (t."I::.J. .. ,"" J".) J.J J"ll;". , I'j .. 0'. -'2I _-~ ('I.;~\.J "0 U...... S TJ C 'Hl",oI...... ,11')1'C'\"'L L~ .;,., Tr..}--<')I..:! .c.. ... , c~""ld .. receivc:d Ii tc!.:)(Jr.':ll~y rCHtT2iniP[ on12!' 2.gain~;t Bullock prohibj tinr:' Bullock fl'or:J. refl'::inf. their iliOI1S u:Lth DC.i·.locr;:lU c voters [is sitnatories ,:md from re.fm;j.lj~: .!tion3 l'2c'c'iv-:::d unt.il Septe_-1Jer 1, 1972. The AT' is aclivc-1.y r:ccking U1C I'r::cded siLti~tl!lef;:. Th'2 AY held n state convention in 1)<111[,5 O~1 JUlll':! 10, 1972 <~nd nC;',il12Lcd COVC1'l1or Hallace.

The-co is no p.?t:ional effort lJnc)e:n,'ilY to obtai.n ballot position for 7ho GOY"[~l"nQr [Dr 1·~:);!Cl:;1')c:r. lIo\·:c\;cr ~ f:hC''lld ll(! d0,C~i de to ,.'tll·, h,,"'l c01_~1r:1 (l~si.ly g~t ;~ut(.'!!:.:!tic b311ct p()Gitic.;:1 in::::i t:cen ~~t:.lL8:":; (incJeding Ca]j fm"niC\ ;;~ld Ohio) by bc.ing 110;;:jD2.!:C'(: 1,y 7i,c:: Al1'--r:i.c~1n at: its cOl'l':c:nUon Au['.u~:;t 3 - 5. l'urthcr he could, 'lith .0. littlt~ (~[fOl t, f,2t ballot position by petition in c tcc,n more :;tc!lCS (jneludJ.:'3 Illi:wJs, N(:h' York and T;:~);<1s).

Hithout his i;:·,pri:.litur he Hill he on the b:ll]ot in cnJ.y ;:h()n~. T.O'..lr stales. nut if he 'l.ierC to s<:.y 'I'lw Hard, he l,:,(.!ulc b(;'. on iil [or:y sLates.

E'.'c;~n 1.f he cIt l ,'£: not his iTr.priixitllr, loull cnt:hu~d2sts on their oun iniLi...-::tivQ c01.!}cl get bu, 0:1 the h;,llo1: in such ir:);~<'rt::;,nt sU:.tes as Nc" York Clnd 're:~;,1S. 'fhf,Y llCi"/c iLlrt~ndy dODC: so in l\c\'l J e.r!:~ey. ~.! " " i.'

("'j (:1 ("',":!'; :J.': l , , ". (.:: I 'II :':0. .Pet: Lie';': :, I". c .. , '; ..1: f "1 (Sce ~':;<::')

;,11' 1\11 ':J:~..~1,1J~'-.i:)1(! !ili:~.; C;-tt,:r: p~:.;::,::; .. .\r 1.1':. Yl';' P··tilL,,: 7/11, Ii 1.-,.;[ \'L"" 1:0"... :;..:.;: ..::y ~(;:.i!:.:'\");l! i/7 G,C(.t ;.i<;~... Ary.. .:nl' Cc!.'l:(y All' (.:'rl ifl,:::­ 'J/6 li(x\ ~: .. J • Al ;:;:;:!.(~y C~C.;( 1 i:: ic:,~ Colo. C(::;~i!'y " 9/12 ?\."'!t':"~io:.! ~t. ;.~~;t {:-'. <;)1 ;;l5 vo::c­ '~;:11'1~';.~ PhtlY Yc!:: Pt:· ti t 5.o:~: 20, qOJ !;i.gs. <>:-,-:'.'\' :,l 1.(.':1 ~ C,:If; Yes !~a t3.0:1.:l1 (3,-<~: ".:.:-::­ Co,,,"';{,;i"\ tiO:l I),C. i'.."'t f linn: 3/0 't-:.D. Yes j)0ti'tio;): 300 5ic:s .. Fl.'!. I'''tit :C',: ~/IS 17. l""l ,,,t~ Yc!: AI:? :)/25 Ycs

~:o (S!:C! A!.: ."l~"';'J:''::'Ci.:.~lc ~i:'..i::~ c':z:t'.c:s Lj.::.crC'~: .. tc;-:t)

Ill. r\.'rtt {r'-I: 7/J1~01] Yes PQtilio:~: Z:',L',:} :;i~~·.. of se~, !.;i.gS4 S .. C. yc~ A? lCj:' l·l,,-.t{ti();)! 'JII t., '::",f) :;'1 l;;;' ~.D. Yes ?ct::':::'O:.: 9/2 2"; :;:::':'0:::­ VC'\:-:;: 9/7

?c~i ~.:o:-~: 7/2 :?2,3:;:; clg$. Kti· ,\1'

')/1,: Yc:s Ycs ?c~i~~c~: ~/2~ 1.53':' si.;s. .. :·iJ. Va. YC!; AlP P~ti.tio!-:.: 9 ,10~ !;irJS. i'",' t f t j !:Il: 7/5 YC!; )1),DJ.~ :;:;::i. ':a. NCM \.',;ll:ty c(..,:·.\.···_!')~Jvn 9/: : Pc' t 5. Li ():) :. ;;/;:;: l~o (~": ,-' lC,() !;i<;;,.. 'j'":,,c)

rl,t !.l r'-'~l: 1/)--')/11. Yc:; L,C,;) :; {',':;. lJ? ".!rc;:d,· (~udli;icd :u ",~, .. ' ,- P..::~ I ly r,': I :.:,.:t: ')/:7 Yell Pcti tiC!:1: 1 ,t,' "J S J;:;;. 5,Hl~ !.,igz. GEORGE C. WALLACE (GCW) STATUS REPORT: 6/29/72

,!CTfOOl STATE l'£QUI "£I) IlA Tt tiQ, .,Yes c~ \" ,It I,)" <+" * <';/".1.3 :.11' B/I:) * * ;,11 t"t,tlon: 1Il!. **-H 1)1 lollSl \' ..'t.~ 7/7 **E

C.,.J'" ',It loa 914-912.4* *-H

~~rtiri~a- 9/6 * ,.. t,' ,,:l .... "'. Al=~~c'J C;l!,lli ::1 C"lG. Ct:::-~i.::, L S/l:! * ~c t:' ~i.o;,.: 3'i:. l~!::t. C';vr:~c \'o::c: l:.~ll ilt::c ~';H·ty :;.. y« ~ctit:.:7.o:"'! l:/~::-Jl . 2C,qO~ .Gi~s. **E C-:,:.\t :It lC:\ 7i1.~ * S (.':L::ify 9/1 ::.c. D.C. * ::.D. Pc~itic:",: 0/"9 3CQ siS".:;~. .... **E n:!. !C-S i',;t! r i."J: 2-/15 ** - H 1;~ l .... ,l \'"te c:-.!o

C.:l. :;0 Yes No !:o (Sr':Q >.. l:!. Zl?p!':'c:.:-,lc t~:{t)

Ill. F,o,i:;tc,,: i/Jl-::.n* *-E R.:. Yes Indop. rC'~:'tiC:1: 7/n. **E 2J'I("'~':) !'-i!~'" c SOO L;':r-S .. S.C. Yes 10/·: Ind. r"LHlu.1! 9/1 * ~.D. Yes 9/2 **H

i~IP Yes ,­''0 9/7 * 7/2 **E 22,:~0 !::5..~$. Yes AP , Co~~c~~io~ S/10 Cenlfy Y(,::S 7/3: * Yes ~c"ti ~ic:-&: S/-::'I;, **E r:" . 1,.535 s:~s. ::0. Va. Yes AlP ?C't':.t if'J;'~: 9/3 * 9,lO~ ,,:'rJ:;. ' ...:: ~ t tnt: 7/S **-H ',Now y:u:ty : " , i) ).; ':: ;~;:-; ~ CGn""'::-l~31'-,n (, 'J/:,'J**E 9/:'C ::n (:,.'<' "''''', )

1'1..::-. 1 ',' l ',l I. '.1: Yc:; ].1' 7.,1': I :;L". A!rc~:d'." (;U~11i; ~cc;

'rl}''; r·,tit·Cl: ]i~i Yes retitlc):;: 9/'27 **E 1,:"",;' ,;f,:.:, **-E S,Cl:- ~i!J~.

* States where Wallace can obtain nearly' automatic ballot position if nominated by the American Party National Convention in Louisville, Kentucky, August 3-5. ** States where Wallace can obtain ballot position by petition1 in seven it' \'lOuld be hard (H): in eleven it would be easy (E). ( " .': r • ~: ' ;. ' I " (I ',,)

" ,'", • l' : ~"r: f, I ' 'j , ; I

c. ,

iJ,'!' ; :-:0 . Pc ti. tio:; : 7/31 0,\" -t:+c::- .~ ,=} ; , :1 . c... ' ",' ,I ~ J (I 1 )." . ;-: 1:. ,\ I "l ~, •

:\ I.' i, :t, • p,·t i l i 1"1) ; 7 / .lI1 H. J. l·,;L \ u ~ .1.: "

AliI :~ . :: .. C c!:t ~:[y '7 /1 3 )J.. C ~ l. l-. IP ( .···I· U ir' t'.­ 9/6 '* r i ua t\ . J .. ~ J ::C ~ C ' I qt ~ ~"\ l i:icd

~ j , .. P: ' r l y Pf'l j I it ;1 : Co l o . C (: :.-ti~y & 9/12 1\ lUI) ,,1 ;~., . :') et~ ~ i. on ;

Cnnn . Yr· " G· \) : ... (' vo:-::c \'0, 1:.:1J I~C Yes ~ , 'ti ~ i o r:,: C/2 8-31 l ~ 2 (: , C00 "'-gs . Dc l , ...\ 1 P Cnn', ':~\l ic·q 7/ 1.!. "* :, C\;r tif/ ') / 1 i~ . c. ~' :..! t. ,~ 0:1 .]. 1 C(\;"".v (: :1 tion !l . C . 1 1,' ::; r •.' I 1. i','ll : (1/ IS xx. ~~, "'."" Yes ~ ti-;:iO :-1 : 9/2 9 f :leo 53."" . Fl: . r . ~ i ll ", ' : f./ IS,,{'1 N, Ji: l (l~L \:' :" e Ye s AI? Coav c: r:t,-on 8/25 * en. C:'.la . Yes B/l e 0::·':). ;';0

?2l . ~o ( ~QC Al: ~ : 1p ! ~c~ bl e !ili ~ ; ~~tc3 ?~ s ~cd. ::0 :;0 t(!l.i. ~L or.- , Fil ~d ~ ,~;.;t ) Yes I"cti Lior:. : 7/ 2 S . " X F Ill . I'criLtr'lI : 7tn ',,/7 J . E., .0; 5 00 [.; i 9S. 2~ , 00') :, 1.;· S. c. Yes A? '.. o/t, .",­ I.lh 1 . (, t it i an : \,j/ l J :1Cep . 9/2 x.x.- ~ T" ",t f,.:":' ;' f £:;. Ye s

',('0 :11: . '.{C S 9/7 "'f: Ken:;;, . Tc >: . Yes ,. c':i tiv7': : -; /2 - E. 22 , 300 sig s~ Kt y . Yes AP & C O ~;' c~ ~ i o ~ 9/1 9 Co,,',,,,;:,; i 0 ;-, 7/3 ::' :;' Le . C\ t!:'i f;: ?c: ti::io;-. : 9/;; '-~ v~.. Ye s ~ :c. . 1 ( 53:) s .iC; :;: .

~ld . tro . ;:n C c ; ~t ific.:':l c \,f ('. ·l.ILJJ.c..:y . j 1(. Va . Ye s ~ I P ?c-ti tior~ ; 9/8 9,105 siCJs . Yes .... . r i t L l II : 1/5 -H \';01 . Yes :':, ) !) 3, ; il >'" . C(J! 1 '/ '..:. n ~ . i f'J l"l. [., 9/:L9 .,-t: l'e l :. 'ioJ:1 : 9/2 6 l'a~h . 1 00 sigs .

No Al l 2~p!i c~b l c fi i ~ g dntcs pass c~ .

! 'L;.l l '~n : 7/ 1-)/ Hi.s c. 1-Y A~rc .:~ c.l\' .%) C ~ ,:, l :': ' ·./i . C:: \.l a li f lcc 1', I'i · c.l: 9f?? . [ Yes I nd c::? , eli t i o :1: 1 . ,\(l8 ~ I ,>, . 5 , B1S siD'S . GEORGE C. WALLACE (GC~~) STATUS REPORT: 6/29/72

CAli At; Gew (Mill! GATE STATl( C>"" ~ .Yes c~ ~'.1I 1",\ "in * ,',L,., a/l:} * CC~l\"C!1t:"J:\

f'etit ht.. : 7/ If, **- H 1)'( l.nl "01:" 7/7 **E ,\r!r. .. YC':I e.,·,,:!t !oa 9/4-904 * *-H

AIr C';" i (k~- 'JIG * t'"" """ .. ..,;-... ;"1 =C:;:!'(.~'J ~\!.;"lli::-ic.~~ C.:>lo. Co::;:--t:':y & 9/1:; * :?c!:..:.~:o::.: Yo::; C'wv::;c 3, !~~t \:,--:.1 lat..::;.: r'1u-ty :;. Y. ruti t~.O:l= e/~S-Jl • 2c,qao ::':S's. Pd. Ali' e.t:>:. ~:." :It i~~' 7il~* **E S C·.:.c:ify 9Jl ~;. c. * D.C. Petlt;",,: 3/1,** H 13,000 ';!~" - ~: .D.. Yes P~~i't!c:-I: .3CO ~i.S'$ .. rio. "!'t..... s !'.:,!t!.;-,: 3/15**_H li. la:.l v~te c:.'::o C%1:-:. lIol'.fail ::0 lIt. 7{n-cl7* *-E i'cs InGcp. Pct:!.liO:i~ 7/2S. **E .5CO .:;i~;~. s.c. lei·; lnd" ['Ci.ltiO:l: 9/1 * f..);~) ~ieG .. $ .. :>. Yes 9/2 **H

AlP fI./t.-9/l * Yes ,-'0 9/i * 7/2 **E

& CC:-::·'-,.:.:'"~~io;') ~/:9 At' C.rtify 9/1:) * Co:'.·.·,,;-.-;;' C:O 7/3: * ?c~:'U_c~.: 5/:::::; **E 1,535 !.!-:;z.

Va. Yc:; AI? Pc-titio:.... : 9/b * i'.. ; ',- It"lt: " IO!; ~;':'(J:'; .. 7I5**-H ;-::1 • :11, '1 ).) ,;: '.:;" ~ Cvn·"··:':'I~;(.,n (.

17...... ".:', ..

"it.::", ~ ,,( '. t I.,,~ : 2,r;J :;1. ,i. ;\:.rc,,~d:;· <;:~..h.li: :. c(:: r.'tit',-a: J/!l v,.. .. "-,, ~cliti(l:'l: r.:/27 **E IJ-";" :.1;-,.:, **-E S#Ul~ ~ifJt;.

* States where ~"lallace can obtain nearly' automatic ballot position if nominated by the American Party National Convention in Louisville, Kentucky, August 3-5. ** States where Wallace can obtain ballot position by petition; in seven it would be hard (H); in eleven it would be easy (E). THE WHITE HOUSE

WASHINGTON

MEMORANDUM H. R. HALDEMAN

FROM: GORDON STRACHAN

SUBJECT: ~ George Wallace

~~~~~~~j[h~~~ndicat$~ Wallace is legally precluded f om running as a third party candidate in Maryland, Mi higan, Nebraska, Oregon, Pennsylvania, and West Virginia(~~~ A). . 's hlo n , ~Ei f~l!' a!!!l Hay l"y ~ r-~ 7'11 _.n. oQ~b)t kp9I'Hs ('*' ,d~ Q). CBS has reporte . I be no Ik,. ~ Wallace third party run because Wallace has been ~ ~ accepted as a Democrat as indicated by his Democratic ~. _~ ~ telethon plans. ~ _ . ~ 1 Mi~ This memorandum attempts a qualitative analysis of ~. ~_~ Wallace, emphasizing the amount of effort required to ~~ get on ballots, whether these efforts are underway, ~ and a subjective guess of what he will do. . . ~~ ...." ~~. ~ ~ 0'\.0u:.0 ~,. ~QEiikQQ~~ li egal ~~ the ~ states, Wallacey1 eould (.ToQ., ~ ~~n pennsylvani~~ ~ stituted candidate of the ~ Constitutional Party . There is no indication that either'- ~~'~ a the Constitutional Party or Wallace plan on making this ~~ shift. In Indiana Wallace would have to file a petition ~~ with 8,500 signatures to obt~a~erpretation of a ~;~~ statute which ~); mil' IlQt~~"rrom running on a ~ third party ticket. 8,500 signatures could be easily obtained, but the S te Election Board does ~ expect such a petition to e filed. t Walla ill not ke t - 2 ­ GEORGE C. \':ALLACE (G.C\~) Mo. Ye!1 New pllrt;:.y .Pet:!tion: 7/31 I STATUS P~PORT: 6/~/72 (See taxt) CAN AS Mont. Yes AP Convention 9/23 GO: C;":\!)!D;\TE ACTION Neb. No All a~plicable filing dates p~ss~d. ~ :;'{\.::l Of R"'QUIR!':O 01\TE Nev. Yes New partY' Petition: 7/7 Ala. 'ie3 .1\IP Convention 9/9 6,892 sigll. Alas. Yes AlP Request 8/10 Pedtion:It N.H. Yes AP Certify 7/13 ;'::-i%. Yos New Party last. vo te 7/14 Convention 9/4-9/24 N.J. Yes AP Already J..rk. Yct> AlP qual.ifie Convention 9/7 ~rew party Petition: 9/1 o!-t I:1d. See Tex. Yes New party Petition: 7/2 text a,500 sigs. 22,300 sigs. 8/4-9/3 & :o\~a Yes AII' Convention ., Convention 9/19 Yos A:1:" Conv",ntiO:l 7/3l Kans. Yes Conservative Convention 6/20 Utah Vt. 'Yes New party Petit.i.on: 9/20 ,:ty. Yes Ai? Already 1,535 sigs. qualified Certify 9/1a Va. Yes AII' Petition: 9/8 La. Yes AP 9,105 sigs. }:e. Yes New p3.rtY' petition: 6/19 tln. Yes New party 3,254 sigs. Convention & 9/19 Petitio:!: 9/26 :·:d. No ~o Certificate of Candidacy Filed 100 sig's. !'etition: 7/5 W. Va. No All applicable filing dates passed. ~:ass. Yes l::ew J?;l.rty 56,OJ8 si9':;' Wise. Yes At> Already ~an in pri~ary and lost. qualificd !-!ich. No (::;ell t~):t.) !rIyO. Yes lndcp. Petition: 9/27 Now party Fetition: 7/5-9/12 5,815 sigs. }:inn. Yes 2,000 5igs. (Seo text) New .p;:\rty Petition: 9/27 :.:it.s. Yes 1,000 sigs. A THE WHITE HOUSE

WASHINGTON

ADMINISTRATIVELY CONFIDENTIAL

June 21, 1972

MEMORANDUM FOR: H. R. HALDEMAN FROM: GORDON STRACHAN G SUBJECT: GeorgeWa:llace - Physical Condi,tionand Political Plans

Harry Dent maintains some contact with the Wallace organization. Tom Turnipseed, former Wallace Chief of Staff - "I'll make Mrs. Wallace the Jackie Kennedy of the rednecks" - is the primary contact. He is not formally associated now with the Wallace staff but sees the Governor and his people regularly. Turnipseed practices law in . Dent has helped that practice. In return, Turnipseed has told Dent that at the McGovern-Wallace meeting at the hospital, Wallace told McGovern to keep his hands off his (Wallace's) delegates. McGovern responded by saying that he had instructed his dele­ gates in states where Wallace received a majority of the votes (Michigan) to vote for Wallace on the first ballot. Wallace was wary but pleased. Dent has not contacted Turnipseed in the last few days because Turnipseed wants more law business and money.

Wallace Henley, on Dent's staff, talks with his former colleagues in Alabama. One is a reporter who has covered Wallace for 20 years. These sources indicate that Wallace is in much worse physical condition than press reports indicate. Wallace plans on going to the Democratic convention in a wheel chair even if it kills him. It may well do just that.

All of Dent and Henley's contacts are convinced that Wallace will not pursue a third party route this fall.

I have not asked Magruder to check Mitchell on any other lines to Wallace. However, in light of the June 12 Action Memorandum (attached) that Dent should see George Wallace personally, you may want to cover this personally with Mitchell or with Ehrlichman's political group. POLITICAL AC'I'lON MEMO

HaJlry Deat should g. to a.a Wallace ud we should make ,are we're

.. ":">.:" Stl'om· ~urmolld perael'...ftould-iliao 10 ••e h1m.

We need to detel"wn. wbat it I, Wallace "'Ulta, &.Del what hi. C\1.rrellt po.lelaa and approaell , ...

HRH:pm 6/1Z/T1.

,. B

, CommiHee for the: RC-E:;iec"iion of the' President

June 29, 1972

THE HONORABLE JOHN N. HITCHELL

TllROl)GH: JE.B S. l'f/',GTIUDER

FIW:1f: GLENN J. SEDAl1, JR.

ST.JBJECT: Governor qallace

In E'tY mcr:,nranclUTI1 of June 12, 1972 \\'e reviel'led the lavlf> of each of the fifty states and the District of Coluniliia to determine those stc:t2[;:in \\'hic:h Governor Ha.ll1.ce Hill be precluded from being a Presidential Candidate, and to determine the legal actions the Governor mu~t t2~e to obtain a ballot position in those states in ,;·iJich it is still possibl.e for him to qualify.

This rncmorandu~ updates the information in the June 12 memorandum reflecting tiling deadlines which have pa,;t since June 12. This JT.ei~!oranc1um further provides a subjective analysis of a Hallace third party possibility.

After talking with election officials, reporters and GOP leaders in thcvarious states, it: is my opjnion that Governor Hallace still does not, at this time, contemplate a third party candidacy. Attorneys and regioncl coordinators for the Governor responsible for obtaining ballot position ~;eef' to be naking littIe or no effort to accomplish that goal and have al1ov;ecl the deadlines to pass in Georgia ~ H,:l\;vaii and Haine Hi thout filing.

In Idaho the State AlP co;wention V7aS helel last \'leek and the state party reportedly nominated a Mr. Steinbacker for President. The AlP al"o h(?l.cl a conv(;~ntion in Ark.ansas las: l: Saturday and it is reported that the head of the stat,:! party for the last fe'tv years, Hr. Halter Carruth, stepped dmn:L All of \vhich seems to confirm a pattern of disintere.st.

In Kansas, the cODservative pilrty met on June 20 and nominated Governor h'allace for President. The Governor therefor now has a ballot position in:

Kans 8S Ne'~! J ersE'y KeUI:1.lcky h"18con81n The l·loGorahlc John N. HLtchcl] June 29, 1972­ Page 2

The Govohor can not run, cd ther hecause: (kndll nes ha-JC passed or hecause statutCG" bar hiLl aiter pH rtici pating in a primary in:

Gcore1v MichiGa!l llF(\·ndi nebraska Icl;.:::ho Oregon Indi.ana Pennsyl\faY1 tn. nd \tJcbL }1aine

The Governor cnn obtain b2110t positien in all th0 other thirty-six states. The Areerican Par \valll~~ to ke"p i Ue] Etnvcr;,ent aLL'le and 1IIil1 nominate another candldate if Governor Ballace does Dot seek their nomination. The Amc'cicaTl P and Rf£iJiote~ part10s, will in Louisville, Kentucky AU~~UGt 3-.5. Iloin'i nate C()vp.rnor ~'Ti111ace, he ,·ril1 obtain ne'~'!:..ly RutO'Cl:J.t ir: rj on in the follo\.jing states:

Alubumn (under tne Party) Alask_a I~C\'J California new Mexico Connecticut Ohic DelcH-Jar-e. Okl(lhoma ImJ3 Sourl1 Carolina LouisL:na TeLnessee Hcmto.na Utah Virginia

~{bile there is no app8rent push by the no.ticmal Hallacc organization, local Wallace enthusiasts in of the above states are working to obt&in the requisite number of s to qualify the G0v2rnor for ballot position. The situation in the states where there has been act is as follows:

~.E.!::':~:D.'2.C:'.~ the ~\'lP filed 11'01'C than E:llough s tures to qualify for the ballot:, hut many Here U tied. They erld(~d up '1,000 signat.tires short. The At Gtneral h;:l8 extel1ccd the till July 15. It is reported th~t enthusius8 hns waned and there is no activi to get the

additionnl 7 1 000 Lures.

}:.)lin!::.is the needed 25,000 .signaturc~; could) ,'lith a push be obtained. The ad for so is July 31 to August 7, and the organization and enthusiasm SG.c:ms to be available to 8h the job.

needed.

!'J£~y.~)t.:.l':. - an artIcle in the June 18, 1972 issue of The NC1d York Ti.mes reportt'd thet tIle Pclt'ty (the party under whi.ch lare ran The I!onora1Jle John N. l1itchel1 JU;le 29, 1972 Pnge 3

in He\-}' York :in 1(68) h<1<1100 pr'rsons 1rO"l11 110 cOllnties present at a state rneeting and plans to for the 20,000 l>ignat.urc's ncedc:d to Governor Wn]]ace on the balJot. They ~ould obtain a ballot position for the Governor even if he "Jere not llominated in Louisville .

..'l:~:~~'..~_ .. .:l pcU tion dri Vf' has b0GD undcnJ

Conel Jon

Then; is no national effort to ob tain ballot tion for The Governor for Novcm"her.

get auto~atic ballet position in ci r en stntes (inc] Californio and Ohio) by b nOIrdn

Its all up to The Gove:cnoT hiJTlSeJf. Hitllout his tUT he will be on the. ballot in cnJ.y about four states. But if he to say The Hord, he would be on in forty states.

Even if he does not give his imprimitur. local enthusiasts on their O\-ln initiative could him on the ballot in such artant states as New York THE WHITE HOUSE

WA SHI NG T ON

Date: June 7, 1972

To: H. R. HALDEMAN

FROM: HARR Y DENT ~

Please handle ------F or your information __./____ DETE:G.rHRED TO B::: ".. '1 THE WHITE HOUSE • .. ,_> G-.l.u2 .b.. ~ • - ...~ .' .3 C! '1 V'7 WAS H I N G TON By__t(------i.~u ..J. .1.".11.. e ____1.I'i::L::.; eONFIDENTIld:::;- June 6, 1972

MEMORANDUM TO: Harry S. Dent

FROM: Wallace B. Henley

SUBJECT: George Wallace

George Wallace is in much wor se shape than news reports have indicated. He was moved out of intensive care this lTlOrning, but retnains in very bad shape.

This information comes from Al Fox, Political Editor of The Birmingham News, and Anita Smith, also of The News. Fox spent 20 days at the hospital in Silver Spring, and spent more time with Wallace than any other reporter. Miss Smith has had a number of confidential conversations with the physicians who saw Wallace, and the doctors who have been attending him since the shooting.

Fox says that rnuch significance should be placed on the fact Wallace was not able to return to Alabama, and had to give control of the state to Lt. Governor , with whom he l s been at odds. Wallace would have gone to great lengths to prevent that from happening, but his con­ dition wouldn It permit it.

One of the doctors told Anita Smith that the Governor was lucky to still be alive, and tlmuch sicker" than the news bulletins indicated. They still have not gotten rid of the infection, and are concerned that it may develop into something more serious. No surgery to remove the bullet in his spine can be done until the infection is cleared completely.

The doctors have told the family they canlt expect any miracles from the surgery.

Another complicating fact is with the doctors themselves. They are quite concerned because of the high visibility of their patient. They fear that if they do anything too soon and complications developed, they could be ruined professionally. J 16, 1972

u o T C

L.

LH:p THE WH ITE HOUSE

WASHINGTON

June 12, 1972

Note for Bob Haldeman ­

I thought you might be interested In the attached critique of a recent Alsop article.

Fred Malek

Attachment Committee for the Re-election of the President

MEMORANDUM June 8, 1972

MEMORANDUM FOR THE HONORABLE JOHN N. MITCHELL THROUGH: JEB. S. MAGRUDER I FROM: GLENN J. SEDAM, JR~ SUBJECT: JOSEPH ALSOP'S ARTICLE "THE SPECTER CF WALLACE" IN THE WED:~ESDAY ISSUE OF ... .::.E WASHINGTON POST

While I agree with the thrust of Mr. Alsop's article that Wallace is not having his people begin the efforts that they would have to begin to place him on the ballot as a third party candidate in November, I disagree slightly with his specific analysis in the five southern states. The situation in those five states is as follows:

ALABAMA Alsop states that there is no way Governor Wallace can get on the ballot in Alabama. That is not true. The AlP is a qualified party in Alabama and if they'ho1d a state convention prior to, September 9th, they can place Wallace on the ballot "as their candidate.

GEORGIA It is true that in Georgia they must gather 98,022 signatures by noon June 14th and there is no evidence that there is any attempt being made to gather those signatures.

LOUISIANA The AlP is a recognized party and can nom­ inate Governor Wallace. They must hold a convention before September 8th, but no date has been set by the party.

MISSISSIPPI Wallace can be easily qualified by 1,000 signatures by September 27th.

ARKANSAS Wallace will "probably" be able to be a can­ didate of the AlP in Arkansas. The AlP has filed more than the required number of signatures, but a technical question on the sufficiency on some of the signatures has been raiseq. Indications are that it will be re­ solved in AlP's favor. They must then hold a convention , between September 17th and 24th. The definitive work on the Wallace situation in all 50 states is cur­ rently in preparntion. We have researched the statutes on qun1if::::':13 on the ballot in all states and are now in the process of verify:.... .::- c:.:r analysis with the Secretary of State's offices in each state. T:,J; cC::·.­ r pleted project will be on your desk Tuesday morning, June 13th. WASHINGTeN

June 14,

Note for B•• H.ldem.n ­

You might be interested in the attached memo concerning Governor Wallace's candidacy - as well as Tab B of the memo which is a tabulated breakdown of a state-by- state survey.

Fred?l Malek

Attachments COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT

MEMORANDUM June 12, 1972

GONFlflENTIlrli

HEHORA1mU'.M FOR THE HONORABLE JOHN N. MITCHELL

FROH: GLENN J. SEDAN, JR:/

SUBJECT: LEGAL STATUS OF GOVERNOR l.J'ALLACE QUALIFYING FOR THE GEI~ERAL ELECTION

We have reviewed the lavls of each of the fifty states of the United States, and the District of Columbia, in order to deter­ mine those states in which Governor George C. Hallace will be precluded from being a presidential candidate, and to determine further what steps must be taken in order to place his name on the ballot in those states in which it is still possible for him to, qualify.

Further, l'le have reviewed the legal status of the American Independent Party (in some states called the American Party) in each state, and have reviewed the requirements a minor or neH party Dust meet in order to place their candidate on the general election ballot. We have also reviewed the requirements which must be met by an independent candidate to qualify for ballot. inclusion.

It should be noted that the information in this study is pre­ dicated upon the assumption that Governor Hallace \'1ill not secure the Denlocrat nomination at the upcoming convention. All inforoation is related solely to qualification of candidates for presidential elector for the general election to be held in November, 1972, and to no other office or election.

'As the attached material will indicate, Governor Hallace is precluded from running in the six states of Maryland, Michigan,. ~~ebra5ka, Oregon, Pennsylvania and 'vest Virginia. In Haryland, Nebraska and Hest Virginia the final dates for filing have passed without the necessary filings having been made. In Hichigan and Oregon Governor Hallace cannot run because he ran as a Democ.rat The Honorable John N. Mitchell June 12, 1972 Page 2

in the Democrat primary and lost, and the applicable statutes preclude his now appearing on the ballot in the general election. In Pennsylvania all applicable filing dates have passed without the necessary filings having been made~ except that it must be noted that Governor Hallace could run as a substituted candidate of the Constitutional Party. tIt is uncertain whether Governor Wallace can qualify for inclu­ Ision on the ballot in the states of Arkansas and Indiana. In Arkansas the AlP filed the necessary"-petition, but there' remains a technical legal problem as to '.Jhether or not the petition is technically sufficient, and the matter is being considered by the State's Attorney General. A ruling favorable to Governor Wallace is anticipated. In Indiana there is a statutory provi­ sion that no candidate Hho runs in the primary and loses can thereafter be a nominee for such office. ElseHhere in the sta­ tute, hmvever, a primary is defined in terms of being a nomina­ ting procedure. The Wallace people have made the argument that the Indiana Presidential Preference Primary does not constitute an actual nominating procedure because there is no certainty that the winner ,dll in fact be nominated for the- office of President. The pr~mary, they argue, is in actuality only a stra'" poll. The State Election Board has requested a ruling from the State Attorney Gen~ral, but docs not anticipate receiving one. The State Election Board, on its part, does not intend. to resolve the issue lmtil such time as a resolution becomes necessary, i.e., if and ,·:hen Governor Wallace files petition. The State Election Board does not expect such a petition to be secured or filed.

In the remaining 42 states and the District of Columbia, Governor Wallace can still secure a ballot position (and has done so in Ne,·, Jersey), either because the AlP is a recognized "party . or-oyforming a he,\!' party or qualifying as an independent candi­ date. Although activity has been reported iI1 certain states, many of those states, such as New York, advise that such activity is apparently without the encouragement of Governor \·lallace.

1 i Irr almost all cases, however, indications from the state B'oard , of Elections or other appropriate governmental agency indicate ! that to the extent of their knowledge no concerted effort is \ being made to secure a ballot position for Governor Wallace at '\ this tiI:lc, and in most cases they believe that it is too late ~ for a successful effort to be undertaken at this time. The Honorable John N. Mitchell June 12, 1972 Page 3

Attached are analyses of each state and of the District of Colum~bia, constituting Tab A to this memorandum. Also attached, and constituting Tab B to this memorandum, is a tabulated break­ dmm of the basic information contained in the more detailed state-by-state survey. G!:O~GE \·:"LL.·,Cr: (GCI,) }jO. Ye~ New party .Petitio:'!: 7/31 c. I s';.';,'!'t:s ;<;:POi<';:: 6/9/72 (Sec text) ca, AS Mont. Yes A? Convention 9/23 ce;.; C.;"~}';D:;'DA':'E ACTION £'1'-:;';": Ncb. NO All .o.~plicablo filing dates p.o.sz~d. ,(1.;:1 ~!:-'--- REQUIH!':D ~ Nev. Yes New p.lrty Petition: 7/7 ;\la. Ye::; AII' convention 9/9 6,282 sigs. ;'.1....1;:; • Y,=s ;~I? Request 8/10 N. H. Yes AP Certify 7/13 Petition:lt 7/14 ;;'ri z. yo~ Nc....• Party last vote Convention 9/4-9/24 N.J. Yes AI? Alr""cy .~..:k .. Yo:; AlP qualified Certifica- Open C,,:.. 'fes AII' N.M. Yes AlP Certify Ii 9/l2 tion Petition: . 3£ !ust­ Col.o .. Yes I!:ew party Petition: 9/24 300 5igs. vote Conn. Yo.::: Geo:::ge Nom. papers 9/20 N.Y. Yes Indep. Peti tion: 8/28-31 • \';011;:)00 20,000 zigs. P"rty !-:ational (See text) 7/22 N.C. Yes J\P ::;01. Y~s AlP convention " Convention Certify 9/1 N.D. Yes New party Petition: 9/29 ::J.C. Yes Nc',.f party Petition: 8/15 300 sigs. 260,000 sigs. Ohio Yes AlP Conv~ntion 8/25 ::la. Yes I!:ew :party Petition: 8/15 1% last Okla. Yes AI? Convention 8/10 vote Ore. No Ran in primary and lost. Ga. Yes AlP Convention &0 5/9 Petition: 6/H P.o.. No (See All applicable filing dates passed. 98,022 sigs. text) R.I. Yes Indep. Petition: 7/28. H.?.....f~ii Yes New party Petition: 6/9 . 500 sigs. 1% r(:g. voters S.C. Yes AI? Certify 10/4 Alp· Convention 6/30 S.D. Yes lndap. Petition: 9/2 :C;;t!1o Yes 2% prior Ill. Yes New party Petition: 7/31-8/7 vote 25,060 si,.s. Te:lll. Yes AI? Convention 9/7 Now Party l?etition: 9/1 ,-t !n,l .. See Tex. Yes Nc'" party Petition: 7/2 text 8,500 ,sigs. 22,300 sigs. :0,:.::. Yes AIP Convention 8/~-9/3 .\ Ii Convention 9/19 Convention 6/20' Utah Yes AlP Co:wen.:ion 7/31 ~ans .. Yes Conservative Vt. Yes New party Pet.ition: 9/20 Yes Ali' Alreadv 1,535 sigs. K~~'. qualified Va. Yes AlP ;..p' Certify 9/18 Petition: 9/B L':h Yes 9,105 sigs. Yes New party Petition: 6/19 Wn. Yos New party :':0. . 3,254 sigs. Convention Ii 9/19 Petition: 9/26 !·:d. :\0 :\0 Certificate of Candidacy Filed 100 sigs. UC·,.f Petition: 7/5 W. Vil. No All applicable filing cl,ltes passed. :,:~s~. YeS P:lrty 56,033 sigs. Wisc. Yes AI' A!reZldy Ran in pri~~ry and lo~t. qualified ~:'ch. No (!:ea tc:xt) Wyo. Yes Indcp. Petition: 9/27 7/5-9/12 No'" party P0tition: 5.015 !";igs. !..~ i r.n. Yes 2,000 1>i<]';. (:j<,,~ \.f·Kt)

PI'I 1t ~ "/,-7 I': ~I' 1.1 ~,1 r: •. '.1 p.1t \ Y ,"'l I, (JI)() I> 1.',1'1. , - ~ __ ...... _____...... , ...... · w ...... _____ .___ ...... _ .. _ .. ______...... - ~ - _ ... _ ... _ ... _ ___. -~

~ I GEO;;:GE C. (':ALLACE (GCh') Xc .. Yes Ne", party .Petition: 7/31 STATUS REPORT: 6/9/72 (See text) CIIN ?S }lont. Yes AP Convention 9/ 23 GC"d CA;-iD I DAT:t: ACT I ON ST.;'Y''S ~U N Of REQUIRSD D,:;TE Ncb . No All a~p lic a ble filing dates p.ssed. Ne·J . J'\l a . Ye s AlP Conve:-, tiol'. 9/ 9 Yes New party Petition: 7/7 6,882 sigs. ;'2..~z • Yes AII' Request 8/10 Petition:l% N. H. Yes AI' Certify 7/13 Ariz. Yes Ne"" Pa rty last vote 7/ 14 I.rk. Yes AlP Convention 9/ <:-9/24 N.J. Yes ""'t>.. 1,lr"'03<1y qualified Cal. Yes AII' Ccrtifica­ Cpen tion ~ N.M. Yes Al P Cer i y & 9/12 Pet ton: Co lo. Yes NC\-.l part.y Petit ion : 9/24 3% a t 300 sigs . vote Ccnn. Yes George NOT7l . pa?e:::-s 9/ 20 N. Y. Yes Indep. Pe tition : 8/28-31 • \'la llace 20,0 00 sigs . Party N.C. Yes ;,:p ~at i onal (See text) Del. Yes AI? convention &: 7/22 Certify 9/1 Convention Yes New party Petition: 8/15 N.D. PetitioTl : 9/29 D.C. Ye s Ne'.... party 300 sig s. 260.-000 sigs . Ohio Ye s AlP Conver.tion :1",. Yes New rarty Petiti.on: 2/15 8/25 1% last Okla. Yes AI' CO:lventi on 8/10 vote Ore. No Ran in ?ri ma~ and los t. 5/9 G~.• ~ ".11' 6/14 Pa .. No (See All applicable =iling da t es passed. t ext) R.1. Yes I n<1ep . Petition : 7/22. Ea·..!ai i ~ NeH party Pe tition : 6/9 1% reg. 5 00 sigs. voters S .C. Ye s P.P Certify 10/4

: C:.l ~O Yes lUI' CO!1v c i1tion 6/30 S.D. Ye s ITloo2p . Pc t i 'Ci o;1 : 9/2 2 % prier 0 IlL Yes NeH party Pe t ition: 7/31-8/7 vote 25,0 00 si.gs . Tenn. Yes AP Co nvention 9/7 I::d. Sac Ne ..., Party Petition: 9/1 o;t'.o f text 8,500 sigs. Tex. Yes New pa:::-ty Petitio:'!: 7/2 22,300 sigs. !OHa y ~ s AII' Convention 8/4-9/3 ., & Co:'!vention 9/19

!<.a.ns . Ye s Co r. s c rvative COTlvo2ntion 6/20 Utah Yes 1'.'!P Co::v~:1r:.iO:l 7/31 Vt. Yes New pa =ty ? e t.it':'o:l : 9/20 fk' Kty . Yes A? l-. l::eady qualified 1,535 sigs. Va. Yes La. Yes AI' Certify 9/18 AlP Petition: 9/8 9,105 sigs. Petitio:;: ~ l ·~ e . ~ NeH p:!!:ty Hn . Yes 3,P4 sigs . New party Convention & 9/19 ~ Petition: 9/26 }:C. };o ~o Ce rtificate of Ca Tldidacy Filed 100 s i gs . 7/5 H. Va. No ~-: (~ss • Yes NeH ~rty PetitiOTl: All applicable filing dates passed. 56 , 038 sigs. Wisc. Yes AP Already Ran in p:::-i~",ry and lost. xic~. No (See qualifie d t o2x'.:) Hyo. Yes Incep . Petition: 9/27 Petition: 7/ 5-9/ ).2 Yes Ne-l party 5, 815 sigs . !-~ i.n JL 2,000 sigs. (S0e t ext) 9/2 7 Yes NeVl 9arty Petition: l·~i~ s . 1 , 000 sigs. I TAB A I I 1968 PRESIDENTIAL ELECTION SUl1i-!ARY OF PLURALITIES BY STATE .. f I , ELECTO!t::.L STATE .DIFFERENCE NIXON % HUMPHREY % WALLACE \l~VO~n.- rA . • ...~;J ~-:'Jr- NEBRASKA +28.0 59.8 31.8 8.4 :,.'"' ,; !. ~ IDAHO +26.1 56.8 30.7 12.5 4 4 i WYO~nNG +20.3 . 55.8 35.5 B.7. 3 3: KA.~SAS +20.1 54.8 34.7 10.2 7 7: ARIZO~A +19.8 54.8 35.0 9.6 5 6 i UTAH +19.4 56.5 37.1 6.4 4 4: NORTH Dil:i:OTA +17.7 55.9 38.2 5.7 4 3; OKLAHO:·!.,\ +15.7 47.7 32.0 20.3 8 8' INDIA..~A +12.3 - 50.3 38.0 11.4 13 13 lONA +12.2 53.0 40.8 '5.7 9 8; NEt-l MEXICO +12 •. 1 51.8 39.7 7.9 4 4 SOUTH DA..~OTA +11.3 53.3 42.0 4.8 4 4 VIRGINIA. '+10.2 43.3 33·.1 23.6 12 12 N + 9.6 40.5 30.9 2B.5 14 17 an r-f VERl·:ONT + 9.3 52.8 43.5 3.2 3 3 COLOR1\OO ;, . + 9.2 50.5 41.3 7.5 6 7 NmlTA..~A + 9.0 50.6 41.6 7.3 4 4 NORTH C~.ROLINA + 8.2 39.5 29.2 31.3 13 13 NEN HAZ·IPSHI RE + 8.2 52.1 43.9. .3.B 4 4 NEVADA + 8.2 47.5 39.3 13.2 3 3 M KENTUCKY + 6.2 43.8 37.6 ..18.3 9 9. N ~~ OREC-oN . + 6.0 . 49. S 43.8 (t 6.1 . 6 6 1--1- SOtJTH CrlROLINA + 5.8 38.1 29.6 32.3 8 8 !:..~\ TE~'1-1ESSEE . +.3.8 37.8 28.1 34.0 11 10 ,;~ WISCO~SIN + 3.6 47·.9 44.3 7.6 12 11 r-f 0 DELANA?.E + 3.5 45.1 41.6 13.3 3 3· CP > CALIFO~nA + 3.1 47.8 44.7 6.7 40 45 ~~ ILLINOIS + 2.9 47.1 44.2 B.5 26 26 N + 2.7 45.3 42.6 12.1 "3 3 o~ ALASKA '+J OHIO + 2.3 45.2 42.9 11.8 26 25 ~ NE\'l JERSEY + 2.0 46.1 44.0 9.1 17 17 ~ MISSOURI + 1.2 44.9 43.7 11.4 12 12 ..., MARYLA.'1D - 1.7 41.9 '43.6 14.5 10 10 (I) TEXAS 1.2 39.9 41.1 19.0 25 26 C"1 WASHINGTO~1 - 2.1 ·45.1 47.2 7.4 9 9 __"""_+ PENNSYLVA~nA - 3.6 . 44.0 47.6 8.0 29 27 6.1 8 8 ...c , CONNECTICUT - 5.2 44.3 49.5 r.s NEt'l YORK - 5.4 44.3 49.7 5.3 43 41 lfUl 21 21 OC.l HICHIGAN 6.7 41.5 48.2 10.0 U+J 30.8 30.4 38.9 6 6" 00 AR..tzA:.'1 SAS - 8.1 ~ () > vlEST VIRGINIA - 8.8 40. S 49.6 9.6 7 6 ,Pi .() f.1AINE -12.2 43.1 55.3 1.6 4 4 42.8 12 12 "l GEORGIA -12.4 30.4. 26.7 I".') 4.3 10 1(' .... MIKNESOTA -12.5 41.5 54.0 HANAII -21.1 38.7 59.8 1.5 4 4 ... 48.3 10 10 ~~ LOUISIX~A -24.8 23.5 28.2 ~ 3.7 1·~ 1·~ •• H.i'.SS~\CHt.:SE7TS -30.1 32.9 63.0

.• J PJrOD::: ISL?SD -32.2 31.8 64.0 4.1 4 j .... J HISSISSIPPI -50.0 13.5 23.0 63.5 7 _) i\LNli\!·IA -51. 9 14.0 18.7 65.9 10 9 .. Y Or ~"'''''T '"''1' I"\t:" "''''T ,... ~ T ... -63.6 lR _, A1 _R 3 3 COMMITTEE FOR THE RE-ELECTION OF THE PReSIDENT

MEMOF~Ar'.JDUM June 12, 1972

D ET E~M NED TO _E AN ADl.1I1H "d,:.... ,_ ..,... d:l l G

E. O. 1",1)<.;::, ::;'J;t (j" 8-102 By -.if--- ___ _h.'\!':_. i)<.\t ~_3...... _Jl:-PU

HEHORANDffi.r FOR THE HONORABLE Jm-IN N. HITCHELL

FROM: GLENN J. SEDAM, JR~

SUBJECT: LEGAL STATUS OF GO'V'ERNOR WALLACE QUALIFYING FOR TllE GENERAL ELECTION

We have reviel-led the laTtls of each of the fifty states of the United States, and the District of Columbia, in order to deter­ mine those states in I-lhich Governor George C. Wallace will be precluded from being a presidential candidate, and to determine further what steps must be taken in order to place his name on the ballot in those states in I-lhich it is still possible for him to, qualify.

Further, He have revie,ved the legal status of the American Independent Party (in some states called the American Party) in each state, and have reviewed the requirements a minor or new party must meet in or.der to place their candidate on the general election ballot. \-')e have also reviewed the requirements which must be ',;< 2 i: by an independent candidate to qualify for ballot inclusion.

It should be noted that the information in this study is pre­ dicated upon the assumption that Governor Wallace will not secure t he Democrat nomination at the upcoming convention. All information is related solely to qualification of c2nc1.idates for presidential elector for the general election to be held in November, 1972, and to no other office or election.

As the attached mat rial will indica te, Governor Wa llace is I;reclude d frOID T!1 r pip s i fiil t he sjx s t a f- es g f Ma Jy Jan d , 1:1j ch i gan, Neb raska Ore gOn p e OP"')! ] v a p j a an d W ~ r Vi r g; pj 9' In Naryland , Nebraska and West Virgi~ia the final dates for filin g have passed \·rith out the neces sary filings h Cl.vi ng been D'3de. In Hichie;m and Oregon Governor Hallace cannot run. because be ran as a Democrat The Honorable John N. Mitchell June 12, 1972 Page 2

in the Democrat primary and lost, and the applicable statutes preclude his now appearing on the ballot in the general election. In Pennsylvania all applicable filing dates have passed without the necessary filings having been made, except that it must be noted that Governor hfallace- could run as a s ubstituted candidate of the Constit utional Party.

It is uncertain \vhether Governor Hallace can qualify for inclu­ sion on the ballot in the states of Arkansas and Indiana. In Arkansas the AlP filed the necessary petition, but there remains a technical legal problem as to \vhether or not the petition is technically sufficient, and the matter is being considered by the State I s Attorney GeneraL A r'uling favorable to Governor Wallace is anticipated. In Indiana there is a statutory provi­ sion that no candidate "ho runs in the primary and loses can thereafter be a nominee for such office. Elsewhere in the sta­ tute, however, a primary is defined in terms of being a nomina­ ting procedure. The Wallace people have made the argument that the Indiana Presidential Preference Primary does not consti tute an actual nominating procedure because there is no certainty that the "inner will in fact be nominated for the office of President. The pr~m a ry, they aq~ue, is in actuality only a st ra\~ poll. The State Election Board has requested a ruljng from the State Attorney General, but does not anticipate receiving one. The State Election Board, on its part, does not intend to resolve the issue until such time as a resolution becomes necessary, i.e., if and \\7hen Governor Wallace fiJes petition. The State Election Board does not expect such a petition to be secured or filed.

Governor Hal lac NWJ Jer sey), either because the AlP is a recognized party or by formlng a nevI party or qualifying as an independent candi­ date. Although activi ~ h as been reported in certai p state'C, many of those states, such as NeloJ York , advise tha t such activity is apparently without the encouragement of Governor Wallace.

In almost all cases, however, indications from the state Board of Elections or other appropriate governmental agency indicate that to the extent of their knoHledge no concerted effort is being made to secure a ballot position for Governor Hallace, at q Ithis time > and in mos t cases they believe that it is too late ® for a successful e f f ort to be undertaken at this time. The Honorable John N. Mitchell June 12, 1972 Page 3

Attached are analyses of each state and of the District of Columbia, constituting Tab A to this memorandum. Also attached, and constituting Tab B to this memorandum, is a tabulated break­ down of the basic information contained in the more detailed state-by-state survey. A ALABAMA:

Governor Wallace can run as a candidate of the

AlP, which is a recognized party in Alabama, provided the

~IP holds a convention at least 60 days (September 9, 1972) prior to the election. Any political party or "faction" can nominate candidates by holding a state convention, caucus and by certifying its candidates to the Secretary of State sixty days (September 9, 1972) prior to the election. An independent candidate may obtain a place on the ballot by filing a petition signed by 30Q qualified voters no later than the first Tuesday in~.. May. No inde­ ".. pendent petitions were filed prior to the filing deadline. NO CANDIDATE may appear on the ballot who has not by March 1 filed a declaration of intention of becoming a candidate, except candidates filling vacancies as party nominees. The Secretary of State of Alabama declines to advise as to candidates filing declaration of intention.

Statute: 17 Code of Ala., § 145. ALASKA:

Governor Wallace can run as a candidate of the

AlP, as AlP received at least ten percent of the presidential fvote at the last presidential election. The AlP must re­

quest inclusion on the ballot. from the Lt. Governor within

90 days (August 10, 1972) preceding the election. Such

90 days is not statutory, but is policy of the Lt. Governor.

A new party or independent candidate may be

nominated by a petition signed by voters equal to three

percent (2,547) of the votes cast in the preceding presidential

election, which petition must be filed with the Lt. Governor '" 90 days (August 10, 1972) prior to th~ general election. ·f·.

Statute: Alaska Stat. §§ 15.1.60, 15.25.150, 15.30.025

and 15.60.010. ARIZONA:

Governor Wallace can run as a candidate of a new party provided that:

(1) he does not run in any .

There is a statutory prohibition against a candidate running as an independent (including new party) candidate if he ran in a primary. Primaries are scheduled for

September 12, 1972, and nomination may not be filed until

June 14, 1972i

(2) he files with the Secretary of State by

July 14, 1972 a petition signed by a number qf qualified voters equal to- one percent of the vote cast for governor in the last general election. All of these signatories must be persons who did not vote for a candidate for the office in question in the primary election and who have not signed another independent petition for such office.

An independent candidate must file with the Secretary of State a petition signed by a.number of voters equal to at

1eait 2% of the number of votes cast for governor in the last general election. Such petition must be filed by

July 14, 1972, which is at least 60 days and n6 ~ore than

90 days prior to the state primary election. ARKANSAS:

Governor Wallace will probably be able to run as a candidate of the AlP, which party filed a petition containing more than the number of necessary signatures to be recognized as a political party. Due to legal problems there remains a question as to whether the AlP petition is technically sufficient, and the matter is being considered by the State's Attorney General.

Assuming the AlP has properly qualified, it must hold a convention and certify its nominees to the Secretary of State no earlier than 55 days (September ~4, 1972) nor later than 45 days (September 24, 1972) prior, to the '.,.. election.

Only recognized'paities can nominate presidential electors.

A new political party may obtain a place on the ballot by filing with the Secretary of state a petition signed by a number of qualified voters equal to at least 7% of the total vote cast at the last general election for governor or presidential electors. The petition must be filed at least

30 days prior to 12 o'clock noon of the third Tuesday of

June (June 20, 1972) before the general election in which the party wishes to participate. The AlP is the only new party qualifying by the prescribed deadline.

Statute: A.S.A. §§ 3-101 (a), 3-105 (c) I 3-207, 3-113

and 3-121. CALIFORNIA:

Governor Wallace can run as a candidate of the AIP which is a recognized party in California. (The only other recognized party is the .) The California statute apparently does not provide for a cutoff date by which candidates of recognized parties must be certified to the Secretary of State, it being assumed that such certification will proceed immediately following the parties J ·conventions. A new party can be created in one of three ways: (1) By having a group place an independent can­ didate on the ballot for the office of Governor, \vhich candidate :receives two per­ cent or more of the v6te; br (2) As of the l35th day preceding the election in which the party wishes to run a candidate, have a registration in such new party equal to one percent of the votes cast for Governor in the last election; or

(3) Prior to the l35th day preceding the election submit a petition signed by qualified voters equal to at least ten percent of the total vote for Governor in the last gubernatorial election. Art independent candidate may obtain a place on the ballot "by filing a nomination petition signed by a number of voters equal to at least five percent of the entire vote cast in the last state"Jide election, which would as a practical matter be very difficult to get. Each nomination petition must be left with the county clerk of the county of registration of the voters who sign it for examination not more than

84 nor less than 60 days before the election in which the candidate desires to participate, and must be filed with the Secretary of State no more than 79 nor less than 54 days before such election. The independ8nt candidate must not have been defeated as a candidate for the office in guestion at the primary election, ,no signatory of such nomination petition(s} may have voted with respect to such office in the primary. such candidate is not allowed to have been affiliated with a political party qualified to

Earticipate ina primary election at the last preceding primary.

Statute: West. Cal. Ann. Elec. Code, §§ 6430, 6830,

6831 and 6833. COLORADO:

Governor Wallace can run as a candidate of the

AlP or a new party, or as an independent candidate, if the

AlP, new party or Governor Wallace as an independent can­ didate files a petition containing at least 300 signatures at least 45 days (September 24, 1971) prior to the election.

The AlP is ~urrent1y recognized as a political organization

in Colorado, but not as a political party.

Statute: C.R. S. Ch. 49-7-1.

CUrrent:

June 5, 1972 -- The Election Board believes the AlP

is circulating a petition, but it has not as of this date

filed one. CONNECTICUT:

Governor Wallace can run as a candidate of the "George

Wallace Party", which is a recognized minor party in Connecticut, having polled between 1 % and 10% in the last general election. Such party must. however, file nomination paper with the Secretary of State

at least 49 days (September 20. 1972) prior to the election.

Governor Wallace can run as an independent candidate by

filing a petition containing that number of signatures of voters equal to

at least 1% (12, 746) of the votes cast for presidential electors at the

last presidential election. Such petition must be filed at least nine

weeks (September 5. 1972) prior to the election.

"J ... ~..

Statute: caSA, §§9-379. 9-453, 9-455 and 9-457.

! !, I i I . t t DELAWARE:

Governor Wallace can run as a candidate of the

AlP if the AlP holds the required convention no later than the fourth Saturday in July (July 22, 1972) and files a certificate of nomination with the Secretary of State no later than september 1, 1972. The required convention must be attended by at least one delegate from each of the Dis­ tricts of the state in which the party has members. The

AlP has members in 40 of the state IS 41 Districts.. The party must nominate candidates for all offices on the ballot, and each nominee for presidential elector must receive more than 50% of the eligible del~gate vote at the convention.

The AlP cannot nominate by primary as it did not receive 5% of the vote in the 1970 election in any county of the State.

A new party must:

(1) Elect delegates to a national convention (although there is no requirement that such delegates attend or be seated at such convention, or that the national convention be of the ne\'1 party) .

(2) Hold a state convention no later than July 22, 1972, the fourth Saturday in July, at which it elects a state committee and nominates candidates for all elected positions to be voted on a statewide basis at the next general election. (3) Certify its nominees to the Secretary of State no later than September I, 1972.

Delaware does not permit independent nominations.

Statute: D.C. A. Tit. 15 §§ 101, 3301{a), 3303. DISTRICT OF COLUMBIA:

Governor Wallace can run as a new party candidate or as an independent candidate. A riew party must submit its name to the Elections Board for approval. If approved, it would then be required to file by August 15th a petition signed by five percent of the registered voters in the District of columbia as of July 1, 1972 (Approximately 260,000 signatures). An independent would proceed by petition as above.

Statute:

.. ~ ... ".. Current: As of June 6, 1972, there has apparently been no activity on the part of AlP on behalf of Wallace. FLORIDA:

Governor Wallace can run as a new party or in­ dependent candidate. The AlP is not now recognized in

~Florlda. .

A new party must file a petition containing signatures of qualified voters equal to at least one per­ cent of the votes cast at the last general election. A separate petition shall be submitted from each county from which signatures are solicited and each petition s~all be submitted to the supervisor of elections of the respective county no later than August 15, 1972.

There is no provision for indep'~ndent candidates ~ for presidential electors~

Statute: F.S.A. § lO3.02l(3). GEORGIA:

Governor Wallace can run as a candidate of the

AlP, which although not a recognized party in Georgia is

recognized as a "political body" by that state. The AlP must file a petition containing signatures of qualified

voters supporting that party equal to at least five

percent (98,022) of the total number of voters eligible

to vote in the state in the last presidential election.

The petition must be filed in the office of the Secretary

of State by 12 noon, June 14, 1972. AlP must file with

its petition the minutes of its nominating convention, which '! must have been held by May 9, 1972. 'r·....• A new party ("political body") would follow pro­

cedure outlined above for the AlP.

An independent candidate must file a petition with

the same number of signatures (98,022) as required for a new

political body, as outlined above, which must be filed prior

to 12 noon, June 14, 1972.

statute: G.C.A. Ch. 34 §§ 901, 902 & 903.

Current:

No ne," party,appears to have held a convention

prior to the May 9, 1972 deadline. HAl-vAIl:

Governor Wallace can run as a new party or independent candidate by filing by June 9, 1972, 120 days prior to the general election, a petition signed by one percent of the registered voters of the state.

The AlP is not a recognized third party in Hawaii.

Statute: H.R.S. §§ 11-113, 14-21.

Current: June 6, 1972: No indication Governor Wallace is circulating petitions. IDAHO:

Governor Wallace can rUn as a candidate of the

~IP, which is a recognized party in Idaho. There is a requirement in Idaho that a party convention must be held by June 30th and certify its nominees to the Secretary of

State immediately thereafter. However, the office of the secretary of State believes that failure to do so would not bar a candidate of a recognized party from running. This point has not yet been challenged or resolved.

A ne'w party may qualify by filing a petition with the signatures of 1,500 qualified voters stating their ,.. desire for !ecognition of such party, which petition must be filed thirty days (May 30, 1972) prior to the June 30 preceding election. It tOO, would then be required to hold a convention by June 30.

Only political parties may nominate presidential electors.

Statute: I.A.C. Ch. 6, §§ 34-711 and 34-501. -

ILLINOIS:

Governor Wallace can run as an independent or new party candidate by filing a petition with the Secretary of State and signed by at least 25,000 qualified voters of whom 200 must be from each of at least 50 counties within the State. This petition must be filed between July 31 and August 7, 1972. The AlP is not a recognized party in illinois, not' having polled more than 5% of the vote in the preceding gubernatorial election.

Statute: S. H. A., Ch. 46, §§ 10-2, 10-3 and 10-6.

';'."

It is uncertain whether Governor Wallace can run in Indiana. The statutes provide that no candidate who runs for an office in a primary and loses can thereafter be a nominee for such office. Governor Wallace did run in the

Indiana Democrat primary. Elsewhere in the statute a primary is defined in terms of being a nominating procedure.

The argument has been made that the Indiana presidential pre­ ference primary does not constitute an actual nominating procedure because there is no certainty that the winner will in fact be nominated for the office of president.

The primary, it had been argued, is really only in the nature of a strm..;r poll. The State Election Board has requested a ruling from the State Atorney General, but does not anticipate receiving one. The State Election

Board, on its part, does not intend to resolve the issue itself until such time as a resolution becomes necessary, i.e., because Governor Wallace files a petition.

If not precluded by having run in the primary,

Governo.r Wallace can run as an independent or a new party candidate by filing a petition with the Secretary of State by September I, 1972. The petition must contain signatures of qualified voters equal to at least one-half of one percent (approximately B, SOO) (If all the votes cast in the last general election for UI"'! office of Secretary of state.

Statute: I.F.A., Ch. 36, §§ 29-3620 and 29-3B01.

'.-',... IOWA:

Governor Walace can run as a candidate of the AlP, which is a recognized party in Iowa, provided the A IP holds a convention and certifies its nominees to the Secretary of State between August 14 and

September 3. 1972.

A new party may nominate a candidate for statewide elective office by means of a statewide caucus attended by 250 qualified voters with at least one voter from each of 25 counties of the state. This nomination must then be certified to the Secretary of State between

August 14 and September 3. 1972.

In addition to statewide caucus, a candiate may" also be nominated

... " by a petition signed by 1, 000 qualified voters and'filed with the Secretary of State between August 14 and September 3. 1'972.

Statute: 4 1. C. A. §§ 43. 2. 44.1 and 45.1. KANSAS:

Governor Wallace can run as a candidate of the Conservative

Party which nominated Wallace in 1968. The Conservative Party must nominate by convention having received less than 5% of the vote cast for ~

Secretary of State in the last gener~l election.

A new political party can nominate by convention but to establish itself must file a petition 60 days before June 20 (April 20) with the Secretary of State signed by a number of voters equal to at least five percent of the number of votes cast for governor in the last gubernatorial election. No new party filed prior to the April 20 deadline.

Only recognized political parties may nominate presidential

"r·. electors. Ka~sas has four such parties: Republic'an," Democrat, Con­ servative and Prohibition.

Statute: K. S. A., Ch. 25-202, 25-301, 25-302 and 25-303. KENTUCKY:

Governor Wallace can run as a candidate of

the American PartYI and he has been so nominated.

A new party can obtain a place on the ballot by filing a petition signed by at least 4 / 000 qualified voters by the 59th day (March 29, 1972) prior to the primary. By March 29, 1972 the following parties had

filed: American Party, People's PartYI Communist Party,

Socialist Labor PartYi and Freedom Party.

There is no provision in Kentucky for an "in­

dependent" slate of electors.

.,.~ . ",­ statute: K.R.S.A., §§ 118.010, 118.080,118.090 and

118.130. LOUISIANA:

Governor Wallace can run as a candidate of fthe American Party, which is a recognized party in Louisiana, provided that it certifies its candidates

to the Secretary of State by September 18, 1972, which is the last day prior to the seventh Tuesday preceding the election.

An independent candidate for presidentia~ elector may be nominated by nomination papers signed by 1,000 qualified voters. The nomination papers must be certified by the registrar of-each parish. in which a .... signatory 6laims to be a qualified voter and must be filed with the Secretary of State on or before September

30, 1972, the date of the second primary election. A new party may obtain a place on the ballot by means of a similar petition signed by 1,000 electors and filing a list of the candidates to be run by such party

with the Secretary of State not later thfm September 19, 1972, the seventh Tuesday prior to the election.

Statute: L.S.A.-R.S., §§ 18:623, 18:624 and 18:625. MAINE:

Governor Wallace can run as an independent or

~new party candidate by petition signed by qualified voters equal in number to at least one percent (3,254) of the votes cast for governor in the last general election. The petition must be filed with the Secretary of State by 9

P.M. on primary day, June 19, 1972. The AlP is not a recognized party in Maine.

Statute: 21 M.R.S.A., §§ 1(21), 491, 492 and 494. MARYLAND:

Governor Wallace cannot run as no certificate of candidacy was timely filed. Minor party, new party and independent certificates of pandidacy needed to be filed by March 6, 1972.

The AlP is a recognized minor party in Maryland.

Statute: 33 Md. Code Ann. §§ 4A-2, 4A-3 and 7-1. SACHUSETTS:

Governor Wallace can run as a new party or inde­ pendent candidate. The AlP is not a recognized party in

Massachusetts.

An independent candidate or a net" party may qualify for the ballot by filing a petition signed by at least that number of qualified voters equal to three percent (56,038) of the votes cast in the last gUbernatorial election, not more than 1/3 of which signatories are voters from anyone county; The nomination papers must be submitted to the registrar of the city or town where the voter signing pur­ ports to be registered, prior to 5 P.M. on July 5, 1972, the seventh day. preceding the date on which it must be filed with the Secretary of State for certification. Certified nomination papers must be filed with the Secretary of State with the can­ didates' written.acceptances on or before July II, 1972, the

17th Tuesday preceding the date of the election. Objections to nomination. papers must be filed with the Secretary of state at least 72 "week day hours" succeeding 5 P.M. of the last day for filing the papers.

Statute: Mass. Law Ann., Ch. 50, 5 I, Ch. 53, 55 6, 7, 9,

10 and 11. 1_ !

2

Current: The Election Division of the Massachusetts Secretary of State's office indicated that Wallace papers have been out since April and they believe the petition would be secured. MICHIGAN:

Governor Wallace probably cannot run as a candidate of the AlP, even though the AlP is a recognized party in

~ Michigan. Michigan law provides that no person whose name appears on a primary ballot shall thereafter be the candidate of another party or an independent candidate. Governor

Wallace's name did appear on the Democrat primary ballot in Michigan f and the state's Attorney General has under con­ sideration whether or'not Governor Wallace is now precluded from being the candidate of the AlP.

There is no statutory provision for independent candidates in Michigan. ·f~,.,'.. statute: M.C.L.A. § 1685. :

Governor Wallace can run as a candidate of a new party or as an independent. The AlP is not a recognized party in Minnesota.

A new party or an independent candidate may be nominated by a petition signed by a number of voters equal to one percent of the total votes cast at the last general election, or by 2,000 voters. whichever is less. The petition must be filed with the Secretary of State between July 5 and September

12, 1972.

Statute: M.S.A .• §§200.02. 202.09,202.11,202.12 & 202.13. MISSISSIPPI:

Governor Wallace can run as a candidate of a new party or as an independent by filing a petition by September 27, 1972, 40 days preceding • the election, containing signatures of I, 000 qualified voters.

The AlP is not a recognized party in Mississippi.

Statute: M.e.A., Title 14,§§ 3107,3260. MISSOURI:

Governor Waliace can run as a candidate of a new party or as an independent by filing not later than July 31 with the Secretary of State a petition signed in the aggregate (i) by a number of qualified voters in ~ each of the several congressional districts which shall equal one percent of the total number of votes cast in such district for governor at the last election, or (ii) by a number of qualified voters in each of one-half of the several congressional districts which shall equal two percent of the total number of votes cast in those districts for governor in the last election.

The AlP is probably not recognized in Missouri because it failed to poll at least 20/0 of the vote in the 1970 election. There is some dispute

'f~~ on the matter, however, and the Attorney General's 'office has been asked to rule.

If AlP is not recognized, they must file a petition by July 31st signed by 10/0 of the qualified voters in the last gubernatorial electiori in all of the congressional districts or 20/0 in one -half of the congressional districts.

Statute: V.A.M.S. §§ 12,0.160,120.180. MONTANA:

Governor Wallace can run as a candidate of the

American Party, which is a recognized party in Montana,

provided that such party holds a convention and certifies

its candidates to the Secretary of state on or before

September 23, 1972.

Any new political party and any independent

candidate may obtain a place on the ballot by filing a

certificate of nomination with the Secretary of Sta,te by

August 9, 1972, 90 days before the date of the general

election. This certificate must have the signatures of

qualified voters equal to at least five p~rcent of the . votes cast for the successful candidate for the same office

at the last applicable general election.

Statute: Rev. Code Mont., §§ 3318, 3320. NEBRASKA:

Governor Wallace cannot run in Nebraska. The AlP is not a recognized party. The Secretary of State will accept candidate certification for presidential electors only from the Republican and Democrat national convention as the February 9, 1972 deadline for new party and independent petitions passed with no petitions sub­ mitted.

Statute: Rev. Stat. Neb. §§ 32-426, 32-526 and

32-561.

', .. ~ NEVADA:

Governor Wallace can run as a new party or independent candidate by filing a petition containing

~signatures of that number of qualified voters equal to five percent (6,882) of the total vote for Representative in Congress in the preceding election. A new party petition must be filed no later than July 7, 1972, which is 60 days preceding the September 5, 1972 primary. An independent petition must be filed no later than July 14, 1972, the second Friday in July_ The AIP is not a recognized party jn Nevada.

S N.R.S. §§ 293.073, 293.128.: & 293.200. NEW HAMPSHIRE:

Governor Wallace can run as a candidate of

the American Party, which is a recognized party in New

Hampshire, provided the American Party certifies its

candidates to the Secretary of State by

New party or independent nominations must be made by petition signed by at least 1,000 qualified

voters and filed with the Secretary of State by September 27,

1972.

Statute: N.H.R.S.A. §§ 56:1, 56:62, 56:65-72 & 58:3. NEW JERSEY:

Governor Wallace can run as a candidate of the

American Party, and has been nominated by that party. The j American Party is not recognized as a third party in New

Jersey, but has qualified for the ballot for the November

1972 election by filing a petition signed by 800 qualified

voters as to each candidate nominated in the petition, which

petition must have been filed by April 27, 1972, the 40th

day prior to the primary election.

New party candidates or independent candidates

~ would qualify by petition as above. The only groups so

qualifying for the November 1972 election'~·were: American , Party, Socialist Labor Party, Socialist Worker's Party,

Communist Party, America First and People's Party. These

groups have until 34 days (October I, 1972) preceding the

election to designate candidates. All but the People's

Party have as of June 6 1 1972 made such designations.

Statute: N.J.S.A. §§ 19:1-1, 19:13-4, 19:13-5 and

19:13-9. NEW MEXICO:

Governor Wallace can run as a candidate of the AlP, which is a recognized party in New Mexico, provided the AlP certifies its candidates to the Secretary of State by 57 days (September 12, 19i2) preceding the general election, accompanied by a petition of support for the general election, accompanied by a petition of support for the party signed by a number of voters equal to at least three percent of the vote for governor at the last gubernatorial election. Other recognized parties include: Independent New Mexican Party, People's Constitutional Party, Ne\v Party of New Hexico and La Raz-fl Unida (spanish , speaking party recently qualified). To become a qualified political party an organization need only adopt rules and make ~arious filings, but there is no number of voters or petitioners necessary. such rules must be filed with the Secretary of State within 30 days of the party's organization and at least 60 days (September 8,

1972) prior to any election in which it may participate.

Statute: N.M.S.A., Ch. 3-7-2 et seq., 3-8-2, 3-11-11, 3-12-2, 3-12-3 and 3-15-3. NEW YORK:

Governor Wallace can run as an independent candidate by filing a petition between August 28 and 31 containing signatures of at least 20,000 qualified voters, of which at least 100 must be voters in one-half of the state's con­ gressional districts.

The AlP is not a recognized party in New York. In

1968 Governor h'allace ran in New York as the candidate of the'

Courage Party.

In order to become a recognized party in New York it is necessary to run an independent candidate for governor, which candidate receives at least 50,000 ~otes. The only recognized parties in New York are the Republican, Democrat,

Conservative and Liberal. statute: M6Kinney's Election Law, §§ 2,133, 138, ·143(8)

& l49a.

Current:

June 6, 1972: The requirement that independent petitions be signed by at least 100 voters in one-half of the congressional districts is currently being challenged in court.

June 6, 1972: The Courage Party has indicated its intent to circulate petitions for Governor Wallace. :

Governor Wallace can run as a candidate of the

American Party, which is a recognized party in North 1 Carolina, if nominated in a national convention held by

the American Party (which is included in the AIP).

A new party may nominate presidential electors

by filing a petition signed by at least 10,000 qualified voters. AS" to filing date, see belm".

An independent candidate for pres'idential" elector must submit a petition signed by 25% of the combined votes

for all presidential candidates in the last election, which .,.... would mean approximately 325,000 signatur~s. As to filing

date, see belov].

The filing and other dates are extremely flexible

in North Carolina, particularly as the State Board of

Elections had considerable authority to vary and extend

deadlines. Conversations with the Board indicate that the

deadline for petitions and conventions is generally set to be

in July, but the Board automatically holds up the deadline

to accorrunodate the Republican and Democrat Conventions

parties I and will \tJherever possible extend deadlines for new

parties and independents who are making a valid effort to

obtain ballot status. Statute: N.C.S. Ch. 163-96(1), 163-96(2), 163-122

and 163-208 et seq.

Current:

As of June 9, 1972 no apparent effort was being undertaken by Governor Wallace to secure new party or independent petitions. The Director of the State Board of Elections advises in confidence that one of his very close friends was counsel to Governor Wallace and had advised him that the Governor did not intend to seek new party or independent nomination in North Carolina, and did not intend to seek party nomination at the AlP convention. NORTH DAKOTA:

Governor Wallace can run as a candidate of a new party or as an independent by filing a petition signed by at least 300 qualified voters, which petition must be filed 40 days (September 29, 1972) prior to the election.

There are no third parties recognized in North

Dakota.

Statute: N.D.C.A., Ch. 16-03-01 et seq. OHIO:

Governor Wallace can run as a candidate of the

AlP, which is a recognized third party in Ohio, providing • that the AlP holds a convention and certifies its candidates to the Secretary of State seventy-five days (August 25, 1972) prior to the election. (The only other recognized third party is the Socialist Labor Party.) A new party can have its candidate on the ballot if it files a petition signed by a number of qualified voters equal to at least one per­ cent of the total vote at the last general election for governor or for presidential electors.

Independent candidates for prestdential electors are nominated by petition signed by at least 5,000 but not more than 15,000 registered voters. such petitions must be filed with the Secretary of State by 4 P.M., April 20, 1972, the 19th day before the 1st Tuesday after the 1st Monday in

May preceding the election.

Statute: Pages Ohio Rev. Code §§ 3513.11, 3513.257,

3513.261, 3517.01 & 3517.011. OKLAHOMA:

Governor Wallace can run as a candidate of the

American Party, which is the only third party recognized • by Oklahoma, provided it holds a convention and certifies its candidates to the Secretary of State at least 90 days preceding the election (August 10, 1972). ., A new political party may obtain-a place on the ballot by filing a petition containing the signatures of

5,000 qualified voters.- There is no time limit as a matter of law as to when such petition is to be filed. After filing the petition, together with a loyalty bath, the

Secretary of State can then determine as ~:matter of his discretion \~,1hether to allmv such party on the ballot. (This discretion provision was recently upheld by the Oklahoma

Supreme Court.)

Only political parties may nominate presidential electors.

Statute: 26 Oklo St. Ann. §§ 6.1-6.5; 229. OREGON:

Governor vlallace ~ot run in Oregon under current law because he ran as a Democrat in the Presidential primary and Oregon election laws prohibit his subsequent candidacy as either an independent candidate or as the can­ didate of any other party in the November election. At the present time, there is no constitutional challenge to this statute, but even Oregon admits its constitutional question- ability.

The AlP is not now recognized as a party in Oregon.

In order to. be recognized a new party must either:

(1) convene a statewide meeting of at least 1,000 qualified voters and file a Certificate of Nomination on or before August 29, 1972; or

(2) file prior to August 29, 1972 a petition con­ taining signatures of voters equivalent to five percent of the entire vote cast in the l~st presidential election.

Independent candidates must a Nomination Petition with signatures equivalent to not less than'three percent of the entire vote cast in the last general election, plus a list of six presidential electors prior to August 29, 1972; or conv~ne an Assembly of Electors attended by at least 1,000 qualified voters which Assembly must certify its candidates prior to August 29, 1972. stat,ute: O.R.S. Ch. 248.0l0(b)1 249.710 et seq., 249.770. PENNSYLVANIA:

Governor Wallace cannot run in Pennsylvania unless nominated by the Constitutional Party. The Constitutional

Party is the only third party recognized in Pennsylvania

and has nominated Frank Gaydosh for President. The last

date for substitutions of candidates is August 24, 1972

(except that date is September 25 on the event of the death

of a candidate). The AIP is not a recognized party in that

state and the Harch 8 deadline for qualifying a new party

or an independent candidate has passed without such quali­

fication having been made.

A nm', II party" or an independent candidate can , qualify for the ballot by filing a petition by March 8, 1972

signed by at least a number of qualified voters equal to

two percent (approximately 36,000) of the largest state\,.;ride

vote in the last general election.

Statute: 25 P.S. §§ 2831, 2911 and 2913.

Current:

As of June 9 1 1972 only the COMuunist Party had

qualified as a nevi "party." On June 8, 1972, however, a

court order 'vas handed dovm extending the r1arch 8 filing

deadline for petitions. Extended date not yet ascertained. No

indication Governor Wallace has or will circulate petitions. RHODE ISLA~D:

Governor Wallace can run as an independent candidate by filing a petition containing signatures of

~ . at least 500 qualified voters at least 45 days (July 28,

1972) prior to the September 12, 1972 primary. Nominating petitions must be secured from the Secretary of State during the last ten days of June.

There are no third parties qualified in Rhode

Island. To qualify as a party it is necessary to run an independent gubinatorial candidate who then receives at least five percent of the vote for governor.

,~ Statute: R.I. Gen. L. Ann., Tit. 17~1-2(s) & 17-16-1 et seq. SOTJTH CAROLINA

Governor \Vallace can run as a candidate of the American Party or the Independent Party. both of which are recognized parties in South

Carolina. In 1968 Governor Wallace was the candidate of the American

6 Party. Parties must certify candidates at least 35 days (October 4. 1972) prior to the general election.

Independent candidates can obtain a place on the ballot by filing a petition containing signatures of at least 10,000 qualified voters at least 60 days prior to the election.

Statute: S.C.C.A. Tit. 23-2(7) & 23-400.16......

SOUTH DAKOTA:

Governor Wallace can run as an independent fandidate. Only the Republican and Democrat parties are recognized in South Dakota.

An independent can be nominated by filing a petition signed by qualified voters equal to at least two percent of the number of votes cast in the last guber­ natorial election which petition must be filed at least

65 days (September 2, 1972) before the general election.

A new political party may be formed by filing a notice with the Secretary of State signed by a number of

'i·. qualified voters equal to ten percent of the number of voters who cast ballots in the last gubernatorial election.

The certificate must be filed 40 days before the primary which was held on June 6, 1972, the first Tuesday in June.

No new party qualified by the prescribed deadline.

Statute: 42 S.D.C.L. l2-l-3(3}, 12-5-1, 12-7-1 & 12-8-6. TENNESSEE:

Governor 'Wallace can run as a candidate of the American Party which is the only recognized third party in Tennessee. The American

Party must. however, hold a nominating convention prior to 12 o'clock noo11 on September 7. 1972. the first Thursday in September.

A new political party can be formed by filing a petition signed by that number of qualified voters equal to at least five percent of the number of votes ,cast in the last presidential election. The petition must be filed prior to 12 0' clock noon on September 7. 1972. the first Thursday in

September.

An independent candidate may gain a place on the ballot by petition ,.. signed by the capdidate and twenty-five qualified vot'ers, which petition is filed before the first Thursday in June if the candidacy for a primary or the first Thursday in September if the candidacy is for a general election.

Statute: T • C. Ann.. Tit. 2 -12 05 & 2-1206 • TEXAS:

Governor Wallace can run as a candidate of the

~American Party, which although is not yet a recognized party in Texas, has filed th~ required Notice of Intent to RUn prior to the November 7, 1971 deadline. The American

Party must file a petition signed by qualified voters equal to at least 1% (22(300) of the total vote for governor in the last gubernatorial election. Petitions can circulate only betvleen June 3 and July 2, by the latter date they must be filed with the Secretary of State. Thereafter on September

19, 1972, the party must have a conventiqr. '.. Independent candidates need only submit the petition as described above, but must have submitted a Notice of

Intent to run prior to February 7, 1972.

Statute: 9 Vernons Tex. Ann. Civ. Stat. 13.45, 13:47

and 13:50.

Current:

June 9, 1972: The American Party has duly filed its No£ice of Intent and is currently circulating petitions. UTAH:

Governor Wallace can run as a candidate of the AlP, which qualified as a new party in utah pro­

~iding it holds a convention by July 31, 1972. To so qualify the AlP had to file by March 15, 1972 a petition signed by at least 500 qualified voters, of whom at least 10 are from each of 10 different counties of the State. Such party then held the required organizing convention prior to April 15, 1972. As noted above, the AlP is still required to hold a nomi­ nating convention by July 31, 1972.

The AlP is the only new party qualifying for "" the November 1972 election. No independent nominees for presidential electors are permitted.

Statute: U.C. Ann., Tit. 20-3-1 et seq. :

Governor Wallace can run as a new party candidate or as an independent by filing a certificate of nomination signed by voters residing in the state equal in number to one percent (1/535) of the entire vote cast for governor in the preceding general election. The certificate of nomination shall be filed with the Secretary of state by

September 20, 1972, which is no more than 60 days nor less than 47 days before the day of the general election.

Statute: V.S.A., Tit. 171 §§ 331 1 571, '"573 & 577.

Current:

June 7, 1972: No indication of new party or in­ dependent petition activity except by Socialist Worker's

Party.

The Liberty Union Party -- a McGovern group -­ is a recognized minor party and may nominate by convention. VIRGINIA:

Governor Wallace can run as a candidate of the AlP, provided it files a petition by 12 noon,

September 8, 1972 1 containing. signatures of at least three percent (9,105) of the States qualified voters as of January I, 1972.

A new political party can be formed by (i) establishing a state committee at least six months prior to filing its petition (below); (ii) filing a petition signed by one half of one percent (~1105) of the state's qualified voters as of the preceding h "" January 1. r Petitions must be filed by 12 0' clock noon,

September 8{ 1972.

An independent slate of electors need only file the petition as above.

Statute: Code of Va., Tit. 24. 1-158 1 ' 24. 1-159. WASHINGTON:

Governor Wallace can run as a new ("l'>1inor ll ) party candidate. Only the Republican and Democrat parties are recognized ("Majorll) parties in Washington. A new ("Minor") par"ty can obtain a place on the ballot by holding a convention on primary day (September 19, 1972 third Tuesday in September) attended (and file, by September 26, 1972, a certificate of nomination signed by) at least 100 registered voters, or at least 10 registered voters from each of the 7 congressional districts in the state, who did not vote ': at the primary election held on that day. ,.. ..­ Washington law has no provision for independent candidates for presidential electors.

Statute: R.C.W.A., §§ 29.24.020, 29.24.040, 29.30.080(5). WEST VIRGINIA:

Governor Wallace cannot run in West Virginia.

No third parties or independent presidential electors have qualified for the Novemb~r 1972 election, and all applicable filing dates have passed.

Statute: WISCONSIN:

Governor Wallace can run as a candidate of

the American Party as that party qualified as a new

~ party for the November 1972 election. The American

Party is the only new party so qualifying prior to

the June 1, 1972 deadline. The attorney general must

still rule as to whether the American Party is a

legitimate.party, and as the papers are all in order

the Secretary of State's office believes this to be a

mere formality at this time.

Independent candidates can secure~ place on

the ballot by filing a petition containi~g signatures of

at least 3,000 but not more than 5,000 qualified voters,

"~ which filing must be made by September 19, 1972.

Statute: W.S.A. §§ 5.62 & 8.20. WYOMING:

Governor Wallace can run as an independent candidate by filing a petition prior to September 27, 1972 containing signatures of qualified voters equal to at least 5% (5, 815) of the total vote cast ~ for Representative in Congress at the last general election.

There are no third parties recognized in Wyoming and to qualify as a new party it is necessary to run an independent candidate for Representative in Congress, which candidate receives at least 10% of the vote cast.

Statute: Wy. S. A. §§ 22-118,3, 22-118.10-.12, 22-118.14.

'J... ~

.1

ADMINISTRATIVELY CONFIDENTIAL .June Z2, 1972

Harry S. Dent

FROM: WaUaee B. Henley

SUBJECT: Wallace

Tho Wallace situation at this point can be summed up with three observations: (1) He remains a very sick ma.n. but he probably will be in Miami Beach: (2) Ho 18 intensifying his hnage as a long-term Democrat; (3) He seems to continue to move away from tho possibility of a third party candidacy.

Two of my Wallace-watchers had conversations with the University of Alabama physicizl.ns who nttended the Governor. There is virtually no chance ot recovery irom the par;tlyeiB. they say_ Under normal circurn.stances, the reC\lperatlon trom the surgery last Sunday should extend until lnte Au~ust. But, \I;,r nl1ace will go to the DNe or die trying, says one of my contacts who talked to hiIn recently. The doctors say if he does go, he will be very weak at best. Likely, Wallace wIn go to the convention, make one brief, npect2culal" appearance, and operate the remainder of the time out of a hotel .ulte.

There Is a strong possibility that McGovern has some plans l'egarding Wallace at the convention. I get from two sources the rumor that when McGovern visited Wallace in the hospital. that McGovern told him he was instructing l\1cGovern delegates in states where Wallace won the popuhu;:' votes to votE! fn? W~llnce on the first ba11nt. Some possible reasons for that strategy: (1) McGovern is fearful he canlt make it on the first ballot. and wanted to ingratiate hl.m.self with Wallace delegates for maximum Insurance on the second; (2) McGovern wants to compound embarrassment for In-Pd; (3) This is the bone McGovern will throw to the \V'alIaceItsa to k-eep from having to make major concessIons -- Ilk. a cabinet poet or major platform chang~8. I'm told Wallace's response was: "Just don't tinker with my delega.tes. II

John Brown - the Kentucky Fried fellow who's planning the Democrats' fundralalng telethon - Ie ecstatic because Wa11ace pledged to lend all pa go Z - 6/2Z/7Z his resources - namely, Cornelia and his name - to the telethon. Tho big d r e am i s to ha.ve Cornelia s ing. accomp n ied by M rs. EMK. Wallace himsel£ plans to t ape a 8 grnent for th e t el thon.

"If anyone had any questions :!i"bou t it (w h e ther W!!\.llace would stay w ith the D emocr ats and not do a third party) they're an5Welred now, II said B r own. ad ding, flhe is a Democrat."

Also, on the third party iront~ Richard Kay, w ho at the moment i s run n ing for the Arn.erican Party nomination, <'!.ys he will not s te p aside for Wallace If he decide s to use t hat route, which is b eing foreclosed £01' V{at'aco willi ev ~ry d a y he t P.:lS5 €. i> •

.Bee THE WHITE HOUSE

WASHINGTON

June 16, 1972

MEMORANDUM FOR GORDON STRACHAN

FROM L. HIGBY L-

f'0£.1. t&.ir-l. Bob would like you to take a swing at doing a quantitative analysis of the Wallace thing. In other words, according to the law, Wallace does have the possibility of getting enough signatures to get himself on the ballot in several states between now and the various deadlines. But, realistically, his chances in most cases are probably pretty slim. Where does he have active efforts going to try to get on the ballot? What's the state by state evaluation of how he will succeed here? ADltIUISTRl\?IV:~LY CO:'jFIDENTIAL.

June 21, 1972

HEMORANDU!·1 FORI II. R. HALDEMAN

GOROON STRACHA..lq

SOBJECTI Georqe Nallace - Ph¥:sical condition and polit~cal' Plans

Hllrry Dent raaintains some contact with the Wallace organization. Tom Turnipaeed, fo~er Wallace Chief of Staff - MI'll mar.a ~,i.rs. ~'1allace the Jackie Kennedv t8f the rednecks" - is the primary contact.. He is not formally associated now with the \lallace st:lft but sees the Governor and his people regularly. Turnip!wod practices law in South Carolina. Dent has helped that practice. In rGturn, Turnip~eed has told Dent tllat at t.~e !~~cGo'":,"'e!:!1-Nalla.ce neeting at t.he hospital,. Wallace told l·lcGovern to keep his hil.l.""lds off his (Hallace's) delegates. HcGovern responded by saying t.~at he had instructed his dele­ gates in state!} ~.,here ~;Jallace received a majority of t."'1e votes O-i!chiqan) to vote for Hn.llace on the first ballot. Hallace 't-lns wary l>ut pleased. Dent has not contacted 'l'urnipseed in the last few days because Turnipseed wants nore law business and money_

'Hallace Eenley, on Dent's staff, talks with his former colleagues in Alabama. One is a reporter who has covered ~lallace for 20 years. '~'1~se sources indicate that ~.qallace is in much worse physical condition than press reports indicate. Wallace plans on going to the DeT:".ocratic convention in a 'tiheel chair even if it kill::; him. It may \;011 do just that.

All of Cent and nenley's contacts are convinced that. Wallace '\oTill not pureUf~ a third party route this fall.

I have not asked Hagruder to check Nitchell on any other lines to Ha1lace.. HCY."ever, in light of t.~e .Tune 12 l'.ction Hemorandum (attached) that Dent should see Georqe Hallace personally, you r:'",,'y want to COV(:~r. this personally with Hitchell or with Ehrlichm;:m f n floli t i C!.~l o/-0U!?"

GS/jb ;.'

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HIU!:pm.

6/12/72

,. CWkr.£ C. "'''I.(Aer. (C:Ol) STATUS p.1:rOI'.T ~ liS Of' tv.Y 5

,'-', C,,, ~!lN Cfd'4 rue HL- ACT IO~ RlQl'UH:JJ ~_R..!.!l!.li! £['·iD~~t. ~~ !::~~~02.!." IN_C_ ~~::,-_,_~ :.~ - -'-,{ ~..!!--

AL 22 dd4'tl1tc s Y~'& 9/8 Hold a coo.vf"ntt

6/27 df'h. y" P('tUion ",ttl1 43,000 •• .ehtl.1on 11tlioltUI t:S.

~ont: ,.. 7/14 petition ",Ith !,OOO .i&l\.tut(:' ~'

CA "ot on &.ollot Yeo , hold. cOnvf'nlion 1n J .uly (d~cc. ~ot ·seC).

n 42% of Vota Yeo 8/15 P('tftlon ..·tth 2:8,000 ,~ dclq;acf"8 sI,naLures.

CA NODe I' ,,, 6/14 tiusL hold 8 convoInt lon \ by 5/9 lind file po.:\ 1­ t10ns "'ltl~ 98,000 ,."£9 by 6/14.

IL lot 00 B.a.llot 1" 8/7 Petitio n ,.-ith 25.000 ",nature••

IN Ul of Vot,. No Sratute bara per­ 9/1 htltl()(\ 1dth 9,000 21 deh~i ..lte& soo runn1n~ In alin.a.cures Prleury fTN'l run­ Ding In Cen. !,: lee. , (Chilli. by CC\,') lA MoDe T~5 AlP. r('cobnized 9/4 Bold .. eODVt'otlOo. (datt: pn.rt), Dot ,eLl

Soae Tea AlP .. r<,c·ognlzcd 9/13 Bold. conveDt i oa (d!! tc party Dot let.)

Soae, Tes AlP .. re-cocnlzed 9/26 hold .. conv~ntioD (date i. party Dot !Jet).

lID ~/16 CCW 00 Ballot lio Cell. Elee. flUng , t ~ deadUne passed (1/6)

8% of vote. Yn 7111 Petitloa ",Ith 56,000 Jlo dehg... te, .t"natures.

HI 5/16 cow No . St.atu(e bars per­ AlP is ucotnhe.d 00 !

~/9 CCw No Ce n. £lee. (11 ­ on E-allot lllg dead line has puse.d (2/9)

Not on Ballot Yes AlP oil reeo[;nhad !:laid A convent tOll by p"rty. lOll / 1 I Not on Ballot ecw Is. on baUot Petition "'Ith reqUired for C:Zn • .Elect. 800 s1S5 ":;).s fflcd 4/27. lit< 6/6 ccw all 8.alIot 9/8 New only vot,. i'lI-rty rul~s and re£s t:nd (I CCrt L of (lOQI nil t Ion ..

Petition ~tth ~"( 6/20 ddc. y« 8/)1 20,000 sJ&".:1';.lIres. ae]eel1on , Hold a conv...llt I('n In .C 5/- CC, 1'<'G )'IP Js • rcco~nhed 8/1 01\ &.II lIot V

Bold a convolflt ion 011 'ot 00 Ballot Yu AlP Ia. re.eo[;nl1.ed p.1rty (d&t~ r,ot y<,t &et), r. 2H o( vote '0 Cen. n('c. f111n& 2 deie&aLeS d.::adline (/8) pol,;scd

fUe pH Jt ion \11th II ~/2) COl on ,., 8/11 lIIllol ~OO lienJ.ture.5. Ro ld .. convention In SC )i"one. les AlP • t ccpi>0l ted polrty Jul)' . (dote uot HL)

DCOIdlinc ( /,/2 7) SO Not on IIAliot y" But " us t rUIl as 91i an ]nl!"r ~\l d'"'Ol PaHed for AJP to OOllr,,,te. CC.... t'll.:~t rUn as lnde~n,:('nt by HUns A p.:-tltlon vlth not le!)s than 4800 5i&5 by 9/2. • < Bold a convfn tton In TIl 70% of vott: Tu AlP u recoxnlt.cd 49 dele.tstu p..Jny. JuJy. tl,ttlion \lllh 2J.000 TX ~ont ,,, 6/30 .lsn"turiO'l5 "

ht ilIon v1t.h 8,800 VA J/one ,.. 9/8 ,11.L1lture5. \.

Pt"!ltion "'ith 7,SOO Vi ~/9 COl ,,, 5/8 oa lio.llot alln"lu(C~.

t1' tHIc:.n \11th 3,000 lIS 22% of v,lte ,,, 9/19 No dolei;oHCS atr.l1nturt •• CMCE C. WAI.I.AC£ (f.cW) stAt\lS "1:1'0", • AS 00' .",y ~

CAN OCl: ftlfN UI cn~ tu:e .'lL- A(:ilON UQVl.tD !T!-!!. !It.!!:."'!! ~~! !!!!llO~ lli!:! ~~~1!L ---!!!!!-­ AI. 22 de l .. ,.tt, y,•• 91. .ld • (OQvtnttvo (....ttl! Mt ),cot ut)~

IJ. In.1 ••1." '('tlUou 'With 43.000 ••t-elioa 'n .Jltatvfcs.

Al 110•• t .. 711' retltion \tUh _.000 dcunutu.

(A Jot too !allot T.. Mold • Conv~ftt ion in • .lvl)' (dat~ GOt .~t). n 4U oJ Vote ,.. 81u 't'tttfOD vitb 28,000 7.5 del....te. .tsn.tloln•.

(A 110... f' t .. 6114 Must hold' • conV('nLiOh by .5/9 !~.! fUe: peti.. \10ft' yith 98,000 d,. " 6/14. IL lot OD laUot Te_ .17 'eUtlon \litb 25,000 .illl4tvTea.

lit 41%, .f Vott' 8. St..tute hrs pn- 911 htiUoa. wUh 9.000 21 ctclelatCi 'oft running in .ll'f\1tu1t". h ,h'.ary r(OQ run­ _tal in C~n. !the:. ,.. • (Choll. " CCII) 1A. 110., t •• A!' • ncotnizcd: 9/' 11014 • CoaVcl'U ion (date ~rty Oot ..t.' tt tea All' • rec:ophed .9113 1o1d • c.ooyeDt 100 (date pan, Dot ut.) U. - 1•• All' .. l'Kototud 9/26 bId a ccnvcnt10D (date -'. part, 'POt ..t) .. lID S/l6 cell " ..Uot ... kn. £l.c .. 'Uln& deadUu passed (]16) I W. It of _ote T.. 7/11 'et1tlOft vitb 56.000 ~ d.h&u.e ei&uturea.. t ----" • III 5/16 cell ... Stat... te barl per- All' h rKogni nd f oo .... Uot eon l"vru'dn& hi pollttul partyt vill , I tdWla'lY &« utldld .. ,rowbl,. chalhn,c of one ,.nty frC'lll. etat In court .. I twnln, In ~n. I Elect. e. candid.. I of anothn ,ut,.. f lIS Boae t .. 9/28 '-tUiaa with 10.000 alilliltur••• I

I!O to. 8131 retitioD..!' \11th 1% or -. last -.ct« to. c:.tch Coni Dhtrlct..

n 519 CC\I 110 Cen. lbc. ftl­ on lanot tng deadline bat ,i ' ....d (219) Ill! Jot on'dlot Tea ~lP I reeo£nbed .olef a eonvent Ian by -,.uy_ IOn ..

1 ILl Mot on !allot CCW Is on ballot 'ctHion 'With rel\lJSred for '(:;0. l:bct. 800 atEs t(lU f lled · !--'" .~ 4121. • i IlK .616 CC\I Ob ... 918 leed ooly vot.. ,arty , not T.. ru1«. and 1'..'5 lind a eerU. of aoc;lution.. ·! n 6120 d

Ie SI. CC\I Tc:a AU' h: a r«cog:nl~ed 811 !!old. conwoticon In t>n laUot ,arty ~ .JuIJ and cerUfy und!.

011 Jilct 00 B..Uot Tea ,U P Is a T«cc&nhed 'Bold I CO(iVlI'otion -,.rtJ (date- not yet set). I, tit or vete 110 Cen. [lee:. ftlltl.& 'A 2 d ... tc,atu le-dUnt! (J/S) , paurd t· ,Ue- ~tlt Ion with II ~/21 COl on ,.. .,12 ••110t 500 .t,nat... r.. ~ ~ . 1I0ld .. ccmvrnt ioo 1n $C ..... tea AlP ~ nC,osohed partJ .July. (deU aot set)

511 Jot on $aJlot Yfi. $ut .,ust rUQ aa '12 1...dU.e (~I2I) an Indrpeuc5tnt '&.. ~d (cr AlP to nom.J.t\.llte. CCw Ill!st run .~ Inci(>pcno:h:nt by fUins • p~tltlQn vHb nat lu.s chull 4800 aI,. " 9/2. .~ 'Bold • eonvenUon In 'IIC 70% of .ou Tn ur • ncocnlt~d 49 dehttlu ,uty. Jolr· n lIo.e t .. 61X1 tdltltJoo whh 23.000 .1,GatlJr«••

htltlon wHh &.600 VA T.. 'IS -. .!,raturu. '\ W ~19 ecw 1.. )1' htltlttfl ... Itll ',sao an "ll~t altn.uuu•• --...J .

WS 22% of VQtr t .. 9119 rt" it ion with 3.000 Jo dde,.rre .ien...... Tt.$ croar.~ c. !lAJ.UCr. (oclt) £TAro5 &':l'Oe, - AS 01' HAY ,

CAM eel: lVN iN erN tu:c .'U" I.CTlO~ Itt.QUUU) !T'T~ !1tE.~ ~~-h !.!I£t~O~ }.!~ !,!~I.~:l~ __"I!l!__ .L 22 dcl"f,aUI r •• 9/8 lk'old • con'Y't't'U.ton (Jate DOt Jet ,et) ~

U. '127 d.lo. 1•• tctltjOll vlth ,U,OOO .election attn.turea.

n 110'" 1.. 1114 rntUon with 1.000 'I,u.lurea..

U • ot. (1) t~1tot Y.. lald .. COQv~nc,lon 1n ,. .' Jut, (date not ut). lL 42% 01 Vote Ie. 8/15 'etit!OQ vUh 28.000 10S ddlt&llfea .1.n.tures.

CA 110.... t' 1.. '/14 IN.t hold. convention ., '/9 !~ fll. ",<1­ Clem. vUh 98.000 dC' " '114 •

IL 101: OQ "Uot 1.. • n teUtlon wItb 250,000 .1,Mt.ure••

Jjl 41% .1 'ot,. .0 Statute bna per'" 911 r.UUon with 9.000 21 ddel'UU aon rWRolng in denaturel biNr, from rUn­

. (~~~\l~n b;eC~~l~a ~ lA .00& 'I•• ,~p • reco&nlud 9/4 .,14 • coo"entloll (date part)' DOt nt.) If , .. AlP • recor;nlzed . '/13 1o1d .. convention (dau ,.·u., DOC ad .. ) L\ --. 1.. AlP .. t:eeocntu4 9126 .ltl a convoDtloD (date • artr ItOt .et) •

lID 5/16 CCV R lallot 110 Ceo. Uee. nUnc deadltae , .....ed U/6) i IIA 8% of 'Jote te. 1/11 httttDo. "jtD 56.000 Jo delee.u. .1eutuna. t -----" . III 5/16 CCII .. St.atute ban pc%:­ AlP It reeotulud I OD. la110t .013 ,unnlnB in political .... ny~ ,.. ill tr:l.tr14t', u. candid." ,rob.bt, ct..1hn.e I of 00" party frOlll stat In eUU1:t~ . ~ Juonin, :In Cen.. lJect. 88 undid. I of anotbf'r pau,_ I ItS ...... 1•• 9128 'etltlcD. vitb 10.000 alCGatures .. I I!O lIone ,.. 8/)1 l'edtluns with 1% of la&t vot.e In uch CopC 1H.!!iu1u ..

D SIt C;Cw 110 c.n. [lee. 111­ on Jallot :Inc dc.dUne h;u j ,.•••d (2[9) I JlI .t oR ..not ttl AU a 'fC.o;;:ni:rod Bold. convention ~,. ,..ltr· 10/3 ..

IU lot on kllot CCW is Dn ttDllot htlUou vlth u~uired for t;n. [leet. 100 .1".5 \t,U f U"d 4127. '--'"

JlI 6/. CC\I lIeed 001, vot.f' paTty .i OQ "'11ot Y.. 918 1'111".. and u,••nd • certl. of DQ1nlnaUon. I .! IIY "20 dol•• h. 8131 .«Ution 'dth 20,000 sett-elton 'fc\,a!m:'c_~

IIC 314 CC\I t ... An 1:s .. reeotnh«d• ./1 Bold .. convo!QU~n In on lallot paxt.)'. Jut, and ccn1fr cand!. 1Io1d a c.onveuUol'1 OIl Jot on BlUot 111'. All" I_ 8 u:eo&nhed putr (4aU wt ret U't).

fA 21% of vott' 50 C~n. l:1ec. f11in~ 2 dchtatu 4••dU.. (l/S) paned e· II 5/23 CCV 00 Y•• ./12 rUe pt;Ution with 'allot SOO at,natwrca. . ;' lold .. ~onvt'Dtfon 1n SC )ionc tea All' ~ tcc,o&1'11nd party July. (d_t.e not ad)

II> Jot cn ballot 'f'1i But lWit tun ,III ,[2 I>e.dltn. (4/11) .n Independent. f,uud Cot AlP to a.OOllMU 6 e<:w r.I!H tun n Ind~pcndcnt '1 fUing ,I p'o!tiUon with Qot hu thaG. 4600 si,_ by 9/2. ... acId. coaventlon ln til 10I of ..-atf: 'u AlP , ucoanlud 49.rch,.tta pnty. Ny, ht.ft.fotl "it.h 2).000 TX lion. 1.. ")0 . a1lft'tur"•• httt10n \rUh 1.800 ,l­ ..... 1~ • 9/. .1en,turt s.

feUUnn whh 1,.SOO !IV S/9 (;(:\1 Y.. 3/& em ktloc al,natutea ~ " -----" . ft"Utton \rUh 3.000 lIS ']1 o( votf: Y.. '/19 Ito ddt',a'*« &I,u.tun'•• CF.Ul

CAN' OCll' Ini: IN (;t:'~ tu:C HL- AoCTIl>N RlQIIlBtlJ l Tf.;rr m~'!! £~~l=. ¥1!L8log !!~ !!..~!.!!:.1!!L --!!~~-- I.L 22 ddt&atu 11)', Mold. coovf"ntl"" "1 (datlf Aot Jet .~t). ,- '127 hie. 1.. ""'Cit ion vith '),000 .election .1tMture•• I.Z ..... t .. 7/14 ...Ut10R with 8.000 al,cutu,u.

CA lot em h110e 1.. 101d • CODwnUon In ,. .' .Iuly (date Dot .lft) '" fL 42% of Vote ," lIn htUioD vUh 28.000 IS eStle-S'U. '!,NtuTe•• # CA ...a. I' ,.. 6/14 ..t hold .. conventfOfl ~7 5/9 !M III< ""tI- Clon. ",itll 98.000 .tIS 'y 6/14. JL lot _ "l1ot t., 8/1 'cUUan vtth 25,000 d,uture..

III 41% of Vot,. Statute hrs Pl!!"t- 9/1 P.titton yUh 9.000 U ..delate. '0 • on lunfl.lnt 1P 5 1cnatun• triauy hOll l\ln­ .hilt In Ccn. !!lec. • (ChOU. 'y tCW) ~ 1A 'e. "!' .. ncoaniud 9/4 1014 .. conveDt lOG (date -. part,. IaOt an.) n 1•• AlP • fKolnhed ,9/13 10141 & coavnUoo (date -- patt,. eot Ufo ..) LA Wolle, 1•• AlP .. ncotniaed 9126 .14 • wovent.toll (d.u ,.tty DOt .ee).

lID S/16 cell em lallat 10 Cea. .. Ihe ~ rUlne 4.ultoe p.a.s.se:d (316) i i ..,. ax of "te ,.. 1/11 ....U.Loa vUh 56 ,000 ••«hl·tea ,tIMcafu.. t ----.J I Itt S/16 cell 10 $t.t:tuu hn per- AlP h tccO&D,tud I In ....110t .an funning In toUtical pan,; v111 I'tbvJ.rY as c.ndid,. ,rob.hl, challence I of one pa.rty frOCll nu in cout't. fUDRi", ttl Ct-n. t , I.het... candid. I of anothu party.. I lIS ...... t .. 9728 Patition vi th 10 I 000 1 ,1cnoture.s • ,

lID li_ t .. 1131 fetUloGS vith U of 1••t ,"ot« III ...cb Coo, ~btrjct. .. SI9 cell Cen. Elite. UI- On &allot •• tn, 'e,dUne. bat ~ ' ....d (219) , p lot on lallot 1n AlP • reco;nb:cd 101d • convention '1 part,• 10/3 .. .'

JJ JIot on kIlot CCil h on btlllot 'etition with requiTed for ~n. U .. ct. aoo d,s w,:u: f Hed 4/27. !--" · i JH .'" CCV ' Db lall.ot 10. 9/. Iced only ..ote ,.,rly rule. and u,. eM • I certi. of Ao~tnatlon. .: n 6/20 dtle. t •• Inl 'etHlon "ltb 20.000 ·. aehcUon • 1p.a~nre ••

.C 5/4 (;C\l tea AlP is • rccotnl~ed ./1 1So1d • (onv~UC"n in • 0 kllot ,au,• Jul,. .n

. l OR lot Dn ..not 1.. AlP h • tecotnbed Bold a c onwntion # part,. (date. IbOt ,.c-t tet)~

I tAo 21% or vote 110 ~n. Ehe~ HUn, ,2 4e1er;atu d..dH.. (lIs) 1 pusN 1, 1.1 $/2) CCV on ,.. 1/12 I'lh ~tl Hon with lallot ~ .1&naturu. · i· 1Io1d • c.onwnt!oll In $C Noo. let AU ~ re~otr.t:lud pnt,. Jul,.. (d.cte pot lit:t)

$I) ht on l.aliot 1... Jut I

VA ,.. tla tetltton w1th 8,100 '00. aianaturu.

hUttnn wttt. '.500 1/'1 5/9 cell ,.. 5/8 00 16110t alan.. turl:•• " ----" . \IS 21% of vote ,.. "19 'cUtton with 3,000 110 d.h,atn ai,n.etun•• \""V.V.;Vd J 1 t'..t'.. t=0R THe. RE.-ELECTIOI\i OF 7HE PRESIDENT

March 2.3, 1912.

<.."'1\, \..\.~ ...... A"iEt-.v£ N.W .' A.~"" "" ...... or-. ;) C 20006 ... 02 3~l-O~"O

l1E.MORA..'ID'tJM FOR: THE HONORABLE JOHN N. MITCHELL GLE.'ili J. SEDA.'1, J¥ SUBJECT: Legal Obstacles to Governor Hallace Qualifyi~g for the General Election Ballot

We have reviewed the :aws of the Presidential Prirr~ry states (except the District of Columbia), the five states Governor Wallace carried in 1968, and eight other states to determine vlhat legal obstacles !Jay stand in his way in G,ualifying for the General Election ?allot after having run as a candidate for nomination in several Democrat Primaries.

Further, we have reviewed the legal status of the American Independent Party (sometimes called the American Party) in each state, and where that party is not a qualified political party we have reviewec the requirements a minor or new party must meet to have their candidate placed on the General Election Ballot. We have also reviewed the requirements an Independent candidate (e.g. McCarthy) must meet to qualify for the Ballot.

The review of the Presidential Preference Primary states is attached as Tab A. Governor Wallace, by having run in the Indiana, Y~ryland, Michigan, Nebraska, Oregon, Pennsylvania, and South Dakota primaries, will be barred in those states from running in the General Election. In Y~ryland, Nebraska, and Pennsylva~ia, he is barred by having missed the General Election filing deadlines. He will be barred in Indiana, Michigan, South

,-."",!,.;-.. ~ ..... _ .. _--_.,..,." .,.. The Honot:able John N,: Mitchell Mat:ch23, 1972 Page 2

Dakota, and Oregon by statutory prohibitions against running in the General Election after having t:pn as a candidate in the Primary. However, the Indiana statute will probably be given an interpretation by the State Board of Elections which will , permit Governor Wallace's nomination by the AlP. The statutes in Oregon, Michigan, and South Dakota may be challenged in court, and if successfully so, then in only Maryland, Nebraska, and Pennsylvania will he be barred from the General Election Ballot.

The review of the five states Govet:nor Wallace carried in 1968 is attached as Tab B. The AlP would fa'ce no legal obstacles in running the Governor as their candidate in these five states. They are, however, facing a practical problem in Arkansas for r they must obtain 43,000 signatures which they apparently are having difficulty doing. Furthermore,. the filing deadline in Arkansas is not yet established, and the Attorney General is apparently delaying 'setting a deadline to give the AlP more time. How long he can delay is unresolved.

In Georgia, 98,000 signatures will be required and that could become a practical pt:oblem.

The review of eight other states (Arizona, Iowa, Kentucky, Missouri, New York, South Carolina, Texas, and Virginia) is attached as Tab C. Governor Wallace faces no legal obstacles in qualifying in any of these states, but is facing prac~ical obstacles in Texas.

In Texas, th~ AlP must gather 23,000 signatures between May 6 and June 30 to qualify as a party, and it appears at this time that they may have difficulty doing so.

In conclusion, of the thirty-three states reviewed, Governot: Wallace cannot run as a third party candidate, or as an Independent, in Maryland, Nebraska, and Pennsylvania. He is also barred from running as a third party candidate or as an Independent, if current statutory provisions are upheld, in Indiana, Michigan, South Dakota, and Oregon. He appears to be faCing practical diffi­ culties in Ark~nsas, Georgia, and Texas. .

CQNYIDE'N'IIJd. ;

, ...... '\ , " , __ ....,~..". __..__ .•._-_ .. r·'-. .... ' .. · The Honorable John N. Mitchell March 23, 1972 Page 3

In all other of the thirty-three states reviewed he will face no legal or practical obstacles in qualifying as a third party candidate. It could be said, however, that one gets the feeling in talking with Secretaries of State and with persons in their offices, that Governor Wallace and his supporters are not generally taking the steps they should be taking to develop the momentum which will be required to qualify the AlP as a party, or to qualify the Governor as a candidate, and that should they later decide to do so the momentum to gather the needed signatures may not be easily developed•

....._ ....._._._ ..____...... _.. _.•_.•_u_.~_._.----'---"------.-----..-.. .~ -~-.-.- ·-.. ~--rr...... ~-----...... '· ---''''

• : :"to

CALIFORNIA

Governor Wallace is not on the Democrat Primary Ballot in California, and faces no legal obstacles in running as a third party candidate in the General Election.

The AlP is a recognized party in California and can certify Wallace as a candidate for President to the Secretary of State after the national and state AlP conventions in July (exact dates not yet set).

An Independent candidate faces a difficult practical obstacle in that to be placed on the Ballot nomination papers, signed' by voters equal to not less than 5 percent of the entire vote cast in the ~970 Gubernatorial Election (about 325,500 signatures), must be filed with the Secretary of State after August 21, but not later than September 14.

FLORIDA •

There are no legal obstacles to Governor Wallace running in the Florida General Election as a candidate of any other party.

The AlP, not having 5 percent of the total registered voters of the state on January 1, is not a recognized political party. Therefore, to run Wallace as a candidate in the General Election, the AlP must submit petitions signed by 1 percent of the regis­ tered voters in Florida (there must be a separate petition from each county). Petitions must be submitted by August 15.

Any candidate to run as an Independent would follow the same procedure.

-:-~~~. -'--~--R ~~.....~. ~' -'-'.--'''''',"''':;'''!'',.;:'--~f[":;.;...''''',,!ZSCJ¢'''''''""·u?*""...".. :..!:,.....-:"'",""'~""'::''''",''''~,..' _41.",,#...... ~----• ...... ,'M,~ t. ... --';;.:"; :~- 1·.... '-.. ~; l" ,~ ~ ; •• 1..:-'1 •. '~

ILLINOIS

Governor Wallace was not on the Democratic Primary Ballot in Illinois, and faces no legal obstacles in running in the General Election.

The AlP is not a recognized party in Illinois. Therefore, to run Governor Wallace as a candidate, the AlP must form a new political party by filing with the Secretary of State a peti­ tion declaring their intention to form such a party, signed by not less than 25,000 voters, and by filing a certificate of nomination with the State Election Board by August 7.

Independent candidates must file nomination papers signed by 25,000 voters with the State Election Board by August 7.

INDIANA

Governor Wallace is on the Democratic Primary Ballot in Indiana. If he loses that primary, there is a legal obsta~le to his running in the General Election.

An Indiana statute provides that no person who is defeated in any primary may be eligible to become a candidate for the same office in the next General Election (Burns Annotated Statutes, Section 29-3620). However, this statutory provision is subject to the interpretation that while a candidate may not be eligible to run in the General Election after being defeated in a primary, he may be permitted to run in the General Election as the nominee of ' a party. Attorneys on Wallace's behalf have taken this issue to the State Election Board. The State Election Board has reques­ ted an opinion from the State Attorney General, but we are told no opinion will be issued. It will then be the responsibility of the State Election Board to resolve the issue. While it is impossible to know what the Board will decide, we hav~ learned that the attorney for the Board favors the interpretation that Governor Wallace could run as the nominee of the AlP. A decision by the Board is expected before the May 2 Primary.

The AlP is not a recognized political party in Indiana. Therefore, should they attempt to run Governor Wallace as a candidate in the General Election, they must file with the Governor of Indiana a petition signed by voters equal in number to 1 percent of the total vote cast in the last preceding General Election (approximately 9,000 signatures). That petition must be filed no later than September 1.

Independent candidates follow the same petition procedure with the deadline, September 1.

..~ '~-""'f""'- - ~ ~ """"""IP,""i!'W'I'M","-""'""""",,,,"",:,,""'!,--~.'I...... ,.,....,.....,..---...... ,~,T ~;I ' ' ',~~, H":~' ,~,,:: ' '.'" - "

MARYLAND

Governor Wallace will be a candidate in the Democrat Primary in Maryland. Whether he wins or loses that primary, the only way in which he can be on the General Election Ballot in Maryland is to be the nominee of the Democrat National Convention.

Independents and candidates of any party other than the Democrat or GOP Parties must have filed a Certificate of Candidacy by March 6. Even though the AlP is a recognized minority party in Maryland they would have had to follow that procedure.

Consequently, the deadline having passed, there is no way Wallace can run in the General Election in Maryland except as the National Democrat Party nominee.

MASSACHUSETTS ..

Governor Wallace will be running in the Massachusetts Democrat Presidential Primary, and will face no legal obstacles in running in the General Election.

The AlP is not a recognized political party in Massachusetts; hence, they must proceed as a new party and must file nomination papers containing 56,038 signatures by July 11, 1972, with the State Board of Elections.

Independent candidates proceed in the same manner. ------,-­ • _. L..

MICHIGAN

Governor Wallace will be on the Democrat Presidential Primary Ballot in Michigan, and will, therefore, be prohibited from running in the General Election.

A Michigan statute provides that no person whose name has been placed on the primary ballot shall be a candidate of an­ other party in the General Election.

There is no statutory provision for Independent candidates in Michigan.

While the above statute~ if not declared invalid, would pro­ hibit Wallace from running as a candidate of the AlP, the AlP is a recognized major political party in Michigan and can certify a candidate after their convention in August. They will probably, therefore, challenge the statute.

NEBRASKA

Governor Wallace will be on the Democrat Primary Ballot in Nebraska. Whether he wins or loses that Democratic Primary, there is no way in which he can be on the Nebraska General Election Ballot except to be the nominee of the National Demo­ crat Party.

The American Independent Party is not a recognized major party in Nebraska. Parties other than recognized major parties, and Independents, must have filed petitions by February 9 to be candidates on the General Election Ballot. No parti~s and no Independents have done so. Consequently, the deadline having passed, Governor Wallace cannot run in the General Election in Nebraska except as the National Democrat Party nominee. -I

'"'7T- ... ~-lI!!J,

Governor Wallace was not on the Primary Ballot in New Hampshire and faces no legal obstacles in running in the New Hampshire General Election.

The AlP is a recognized party in New Hampshire and, after hold­ ing a state convention, may certify Presidential candidates to the Secretary of State. The state convention must be held not later than October 3.

Independent candidates must file petitions with the Secretary of State,. signed by at least 1,000 voters, and must be sub­ mitted not later than September 28.

NEW JERSEY

• Governor Wallace has not yet filed for the New Jersey Primary (deadline will be April 27). Even if he files, however. and is defeated, he will face no legal obstacles in running in the General Election.

The AlP is not a recognized party in New Jersey. To run a candidate in the General Election, the AlP will have to nomi~ nate by petition signed by voters equal to 2 percent of the entire vote cast in the last General Election (approximately 43,000 signatures). Nominating petitions must be filed with the Secretary of State not later than April 27.

An Independent candidate must follow the same petitioning procedures.

-""'IIP":~P'-" ..~-...... ".....~ -,~. -"'''''",,!!I!,,?!'!!.,,'''"''-",,('111:.:"".... :,ilII....\ifr!!! .•~.•• "":"';"".''''''''...... ,--,....,...--·... ·---1-­ "'S:;;: ~,.... ~~- f,~~"N ~',i*<.. ,j ..

NEW MEXICO

Governor Wallace will be on the Democrat Primary Ballot in New Mexico but will face no legal obstacles in running in the General Election.

The AlP is not currently a qualified political party in New Mexico and must proceed to re-qualify as a minor or new party by filing its rules and regulations, and must file a Certifi­ cate of Nomination, signed by the chairman and secretary of the state convention, with the Secretary of State not later than September 8.

There are no statutory provisions for Independent candidates.

NORTH CAROLINA ., Governor Wallace will be on the Democratic Primary Ballot in North Carolina. Should he lose, there are no legal obstacles to his running in the General Election.

The AlP is a recognized political party in North Carolina and may certify a Presidential candidate to the Secretary of State after the AlP's July convention. Certification must be made by August 1.

Independent candidates face difficult practical obstacles in that they must file with their nominating petition an affi­ davit stating that they are not affiliated with any political party. This must be filed with the State Board of Elections not later than May 31. As a further practiGal obstacle, the petition must be signed by qualified voters equal to 25 percent of the total 1968 Presidential vote (approximately 397,000 signatures) •

.~. _ .. - ~'..,.?; .' .._~.,c .-·7'.. ~·"'I"'I!!"it· -~:"~l- ~r- - !'¥'~&i~ . ,s,r"·lC:t:.... '. ,;,1' ... .o.J!,. . ~.~ :~ ,!i~"., :i ~':"" . T OHIO

Governor Wallace is not on the Primary Ballot in Ohio but would face no legal obstacles in running in the General Election as a third party candidate. He would not, how­ ever, be permitted to run as an Independent for the filing deadline has passed.

The AlP is recognized as a party in Ohio and can certify candidates to the Secretary of State after a state conven­ tion (date not yet determined). The state AlP chairman has informed the Ohio Board of Elections that the AlP will be placing Governor Wallace's name on the Ballot as an AlP candidate whether or not he receives the Democratic nomination.

Independent candidates were to have filed petitions by Febru­ ary 2. Only one minor state individual has filed as an Independent.

OREGON

Governor Wallace will be on the Democrat Presidential Primary Ballot and, consequently, will be prohibited by statute from running in the General Election as a candidate for any other party, or as an Independent.

We are informed by the Secretary of State's office,. however, that there is considerable discussion in Oregon concerning this statutory prohibition and that it is anticipated that, be­ cause of the requirement that a candidate in the Primary cannot remove himself from the Ballot once nominated by the Secretary of State, a court challenge to the petition will be filed.

Were the AlP to attempt to run Governor Wallace, they would have to proceed as a new political party and must file a peti­ tion signed by registered vot'ers equal in number to 5 percent of the vote cast in the last General Election (approximately 3,300 signatures), or proceed as an "organized group" and hold a state-wide meeting with 1,000 voters present. In either case, a Certificate of Nomination must be filed with the Secretary of State not later than August 29.

Independent candidates must file a petition of nomination signed by voters equal in number to not less than 3 percent of the state vote in the last Presidential election (approximately 24,500 signatures). Such Certificate of Nomination must be filed not later than August 29. ..

PENNSYLVANIA

Governor Wallace will be on the Democrat Primary Ballot in Pennsylvania. Whether or not he wins that election, the only way he can be on the General Election Ballot is as the nominee of the National Democrat Party.

The AlP is not recognized as a qualified political party in Pennsylvania. Candidates of political parties not so qualified must have filed nomination papers with the Secretary of the Commonwealth not later than March 8. No political parties have done so.

Independent candidates would also have had to file nomination papers not later than March 8. None have done so.

RHODE ISLAND ..

Governor Wallace will be on the Democrat Primary Ballot but will face no legal obstacles in running in the General Election.

The AlP is not a recognized political party in Rhode Island and must, therefore, proceed as a new party and must file nomina­ tion papers, signed by 500 voters, with the Secretary of State not later than August 12.

Independent candidates petition in the same manner. "

SOUTH DAKOTA

Governor Wallace has not yet filed for the Democratic Presi­ dential P~imary (filing deadline April 21). Should he do so he would be barred from running in the General Election by a state statute' which provides that an individual entering the primary of one party cannot then file for the General Election as a candidate of another party.

The AlP is not a recognized party in South Dakota. To have a candidate for President on the ba110~ they must file a Certifi­ cate of Nomination not later than April 27, signed by 10 per­ cent of the voters of the state (approximately 35,000 signatures).

An Independent candidate must fi1e'with the Secretary of State not later than August 9 a Certificate of Nomination.signed by not less than 2 percent of the total vote in the last General Election (approximately 5,000 signatures). ..

TENNESSEE

Governor Wallace is on the Democrat frimary Ballot in Tennessee but will have no legal obstacles in running in the General Election.

The AlP is a recognized party in Tennessee and can certify a candidate for President. They will do so after their convention in July.

Independent candidates must file a petition, signed by 25 voters, not later than September 1.

:­ • ,.

WEST VIRGINIA

Governor Wallace is on the Democrat Primary Ballot in West Virginia. Should he lose, there will be no legal obstacle to his being on the General Election Ballot.

The AlP is not a recognized party in West Virginia and must, therefore, proceed as a new party and must circulate a petition signed by voters equal to not less than one percent of the total vote cast in the 1968 Presidential election (approximately 7,500 signatures). The petition must be filed not later than May 8.

Independent candidates must proceed by the same petitioning procedure, which petitions must be filed not later than April 10.

WISCONSIN ...

Governor Wallace is on the Democrat Primary Ballot in Wisconsin. Should he lose, there will be no legal obstacle to his running in the General Election.

The AlP is not a recognized political party in Wisconsin. To nominate a candidate they must file nomination papers with the Secretary of State not later than September 19, with signatures of not less than 3,000 voters.

Independent candidates proceed in the same manner.

~...... - .••-~- ..?~. ,;-~li",:'!,'.'. ·"_·_·...... ,,.....-'1 "'I....-'W.:;. _ B ALABAMA

There are no legal obstacles to Governor Wallace running in the General Election.

The AlP is a recognized party in Alabama and can certify its candidate for President to the Secretary of State. It must do so not later than September 8.

Independent candidates must file a petition bearing the signatures of 300 voters with the Secretary of State not later than May 2.

ARKANSAS

There are no legal obstacles to Governor Wa11ac~running in the General Election, but there appears to be a practical problem in gathering the required number of signatures.

The AlP is not now a qualified party in Arkansas, but they are attempting to qualify. To do so they must file petitions with signatures equaling 1% of the vote cast in the 1910 Gubernatorial Election (approximately 43,000 signatures). The deadline for filing is not stated in the statute and will be set by the Attorney General. The Secretary of State advised us that \lit's a damned mess, but we're doing everything we can to get them qualified!"

An Independent candidate must file a petition with signatures equal to 15% of the vote cast in the 1910 Gubernatorial Election (approximately 91,300 signatures) by April 4 -- a practical impossibility.

..~ "~~-¥p".'Ir',~~'!!'!'"t,}!"'"'I".," :::--_f r --' ,... I GEORGIA

There are no legal obstacles to Governor Wallace running in the General Election.

The AlP is not recognized as a major political party in Georgia and must therefore proceed as a minor or new party. To do so they must have held a convention by May 9, and must also file nominating petitions, signed by not less than 5% of the voters eligible to vote (approximately 98,000 signatures), with the Secretary of State by June 14.

Independent candidates must file nominating petitions with about 98,000 signatures by June 14.

LOUISIANA •

There are no legal obstacles to Governor Wallace running in the General Election.

The AlP is a recognized party and may certify a candidate for President to the Secretary of State not later than September 26.

An Independent candidate must file with the Secretary of State nominating papers signed by 1,000 voters not later than September 26.

MISSISSIPPI

There are no legal obstacles to Governor Wallace running in the General Election.

The AlP is not a registered party in Mississippi and must proceed as an Independent candidate would proceed by filing petitions with 10,000 signatures with the Secretary of State not later than September 28.

;;;:;4 \it? 1 c ARIZONA

There are no legal obstacles to Governor Wallace running in the General Election.

The AIP is not recognized as a party and they must file anew. A new party must file petitions signed by not less than 2% of the vote in the last General Election (approximately 8,000 signatures) with the Secretary of State by July 14.

An Independent candidate must file petitions with approximately 4,000 names by August 12.

IOWA

There are no legal obstacles to Governor Wallace running in a General Election.

The AlP is recognized as a political party in Iowa and can, therefore, nominate a candidate for President and Presidential Electors at a state party convention. A date has not been set for an AlP convention but the name of a candidate for President must be certified to the Secretary of State not later than September 4.

An Independent candidate may be nominated by petition signed by not less than 1,000 voters. The petition must be filed with the Secretary of State not later than September 4.

KENTUCKY

There are no legal obstacles to Governor Wallace running in the General Election.

The American Independent Party is recognized in Kentucky as a minor political party and may nominate candidates by convention. After a convention, Certificates of Nomination must be filed 'with the Secretary of State not later than September 13.

An Independent candidate can get on the ballot by filing a nominating petition signed by 1,000 qualified voters. That petition must be filed with the Secretary of State not later than September 13.

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MISSOURI

There are no legal obstacles to Governor Wallace running in the General Election.

The American. Independent Party is not a recognized major political party. To run a candidate they must form a new political party by filing with the Secretary of State a petition signed by 1% of the vote cast in each Congressional District in the last General Election declaring their intent to form a new party, not later than August 31.

Independent candidates can also file by petition, such petitions to be filed with the Secretary of State by August 8.

NEW YORK •

There are no legal obstacles to Governor Wallace running in the General Election.

Any candidate running as a nominee of any party other than the Democrat or Republican parties, or as an Independent, must file petitions signed by 20,000 voters with the Secretary of State by August 31.

SOUTH CAROLINA

There are no legal obstacles to Governor Wallace running in the General Election.

The AlP is a recognized political party in South Carolina and as such may certify a Presidential candidate to the Secretary of State after the AlP convention in July.

An Independent candidate must file a nominating petition signed by 10,000 voters with the State Election Commission not later than October 3.

I1 I l -- ~ '7 .. •'"1f¥f""" ~~. - ;''J7"~ ". "Fl'''''''j;~-.,,"'''''':'''-; ~ ..~ .. ~:; TEXAS

There are no legal obstacles to Governor Wallace running in the General Election in Texas, but there are practical obstacles.

The AlP lost its· status as a party by not running a candidate in the last Gubernatorial race. They are now attempting to re­ establish themselves as a party, but to do so they must collect 23,000 signatures on their petition between May 6 and June 30. We are advised by the Secretary of State's office that the AlP will have a serious problem in gathering those signatures. Governor Wallace, in a visit to Texas, publicly asked his supporters to support the Democratic delegate selection process. General opinion seems to be that the AlP, unless soon given public encourage­ ment by Governor W~llace, will have great difficulty in gathering the 23,000 required signatures.

If they are successful in gathering the signatures by June 30, they lvill be permitted to nominate a candidate. The New Party. and the Socialist Workers Party, will probably ga~her enough signatures and will place a candidate on the ballot.

If the.AIP is not successful in gathering the signatures, then it will not be possible for them to nominate a candidate.

It is not possible for an Independent candidate to run in Texas for to do so he must have filed by F~bruary 7.

VIRGINIA

There are no legal obstacles to Governor Wallace runn~ng in the General Election.

The AlP is not a recognized party in Virginia. To run a candidate they must do so as a new party by filing a petition with the Secretary of the Commonwealth, signed by approximately 8,800 voters, not later than September 8.

Independent candidates follow the same procedure.

#".:">:=';;',; '~, 1 f THE WHITE HOUSE \

WASHINGTON

ADMINISTRATIVELY CONFIDENTIAL

May 1, 1972

MEMORANDUM FOR: H. R. HALDEMAN FROM: GORDON STRACHAN G SUBJECT: George Wallace - Georgia, Alabama, Mississippi, TeXas

You asked for a status report on George Wallace's. possible ca?~~~ 1kG~ O~~~tl~ ~~a, ~MissiSSiPPi, and Texas. Georgia lr , ~ L ·

The American Independent Party (AlP) must hold a nominating convention by May 9, 1972 for Wallace to appear on the AlP ballot on November 7, 1972. If the AlP holds the convention, it must then obtain 98,000 signatures by June 14, 1972. Georgia sources say this "would be tough" to do.

Tomorrow, discreet checks will be made to determine whether AlP convention planning is underway.

If the AlP does not hold a convention, Wallace may run as an "Independentll but again would require 98,000 signatures by June 14th. There is no indication these signatures are now being collected, but again discreet checks will be made on May 2nd.

Alabama

AlP is a recognized party in Alabama. The AlP has until September 8th to certify their Presidential candidate. So, Wallace could easily run in Alabama on the AlP ticket with his decision made as late as September 8th.

Mississippi

The AlP is not a recognized party in Mississippi. However, Wallace could run as an llIndependentll. Wallace would only need 10,000 signatures on a petition by September 28th. This could be done easily. - 2 ­

Texas

AIP has lost its status as a recognized party. For AIP to place Wallace on the ballot in November, it must obtain 23,000 signatures between May 6th and June 30th. However, the 23,000 signatures cannot include the names of anyone who voted in the May 6th Texas primary.

The Texas election board believes Wallace "would have a tough road" to get on the ballot for two reasons. One is the requirement that none of the 23,000 can have voted in the primary. The other reason is that Wallace has publicly stated in Texas that his followers should work within the Texas Democratic Party.