Category Archives: Third parties, general

Important Procedural Victory in Georgia Ballot Access Case

Ballot Access News:

On January 6, the Eleventh Circuit issued an order in Green Party of Georgia v State of Georgia and Georgia Secretary of State, 13-11816. The Eleventh Circuit six-page order says that the U.S. District Court was wrong to dismiss the case, which is a challenge to the number of signatures needed for unqualified parties to get on the ballot for President. The Eleventh Circuit order sends the case back to the U.S. District Court, and tells that Court to re-hear the case, with the understanding that presidential ballot access has more constitutional protection than ballot access for other office.

The U.S. District Court Judge had dismissed the case before the state had even answered the Complaint. The U.S. District Court had said that because the U.S. Supreme Court had upheld Georgia’s ballot access laws in 1971 in Jenness v Fortson, therefore the current laws must be constitutional. But Jenness v Fortson did not concern a presidential election; it was filed over the requirements for minor party candidates to get on the ballot for Governor and U.S. House.

The Eleventh Circuit order is signed by Judges Gerald Tjoflat (a Ford appointee), Emmett Cox (a Reagan appointee), and Adelberto Jordan (an Obama appointee). Because Alabama is also in the Eleventh Circuit, this order will be helpful to the ballot access case pending in Alabama, Stein v Bennett. The Alabama case also concerns presidential elections. The issue in the Alabama case is the March petition deadline for parties that want to appear on the presidential ballot.

A followup post at Ballot Access News mentions that this story has been reported in the Atlanta Progressive News.

In IPR comments Richard Winger notes:

This was the first time the Eleventh Circuit (which covers Alabama, Georgia, and Florida) had done something [read more]

Oklahoma House of Representatives Invites Public Commentary on How to Improve Oklahoma Laws

Ballot Access News:

The Oklahoma House of Representatives has established a web page, SpeakUp Oklahoma, which invites readers to suggest improvements for Oklahoma laws. Oklahomans for Ballot Access Reform is publicizing this, and is asking Oklahomans to use the site, to suggest ballot [read more]

Former SC Lt. Governor Andre Bauer May Run for Governor as an Independent

From Ballot Access News:

According to this story, Andre Bauer may be an independent candidate for Governor of South Carolina in 2014. He was elected Lieutenant Governor of South Carolina as a Republican in 2002 and re-elected in 2006. The Governor who was elected in 2002 and 2006 was Mark Sanford. In South Carolina, Governor and Lieutenant Governor are elected separately.

South Carolina has never had an independent candidate for Governor on a government-printed ballot. South Carolina has only had government-printed ballots since 1950. Before 1950, ballots were privately prepared. South Carolina has a straight-ticket device, so if Bauer does run as an independent, he will be injured by the device. Independent candidates don’t have a straight-ticket device. Voters who use the straight-ticket device might vote without even seeing Bauer’s name on the ballot.

Conceivably Bauer could run as a minor party candidate. Americans Elect is still ballot-qualified in South Carolina, as is the Independence Party. Thanks to PoliticalWire for the link.

From the article [read more]