Ballot access

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Ballot access rules, called nomination rules outside the United States, regulate the conditions under which a candidate or political party is either entitled to stand for election or to appear on voters' ballots. The criteria to stand as a candidate depends on the individual legal system, however they may include the age of a candidate, citizenship, endorsement by a political party and profession.[1] Legal restrictions, such as those based around competence or moral aptitude, can be used in a discriminatory manner. Restrictive and discriminatory ballot access rules can impact the civil rights of candidates, political parties and voters.

Contents

[edit] Ballot access in the United States of America

[edit] Overview of ballot access in the U.S.

Each state has its own ballot access laws to determine who may appear on ballots and who may not. According to Article I, Section 4, of the United States Constitution, the authority to regulate the time, place, and manner of federal elections is up to each State, unless Congress legislates otherwise.

The primary argument put forward by States for restricting ballot access has been the presumption that setting ballot access criteria too low would result in numerous candidates on the ballot, splitting the votes of similar minded voters. Example: With Plurality voting, an old but common way to pick the winner, the candidate with the most votes wins, even if it is not a majority. Suppose a district is 55% Democrat and 45% Republican, or vise versa. If there are two candidates which appeal to democrats, and one who appeals to republicans, the vote of the democrats will likely be split between the first two candidates, and the republican will win even though 55% strongly prefer someone else. Plurality races, also known as First past the post, tend to cause consolidation among political parties for this reason. Also, it would be expensive to print 100+ names on a ballot. However, proponents of ballot access reform say that reasonably easy access to the ballot does not lead to a glut of candidates, even where many candidates do appear on the ballot, as was the case in the crowded 2003 California recall. In that case, such actual crowding did not confuse voters: "Even though 135 candidates appeared on the ballot, newspapers reported that voters did not have trouble finding the candidate they wished to vote for."[2]

Historically, there were generally no restrictions on ballot access in the United States until after the introduction of the so-called "Australian ballot" beginning in the 1880s. The eighteenth century prevalence of "voice voting" gave way to paper ballots, but until the 1880s paper ballots were not officially designed and printed by the government but were instead privately produced "tickets" that were distributed (usually by political parties) to the voter, who would take the ticket to the polling place and deposit it in the ballot box. The 1880s reform movement that led to officially designed secret ballots had some salutary effects, but it also gave the government control over who could be on the ballot. As historian Peter Argersinger has pointed out, the reform that conferred power on officials to regulate who may be on the ballot carried with it the danger that this power would be abused by officialdom and that legislatures controlled by the established political parties (specifically, the Republican and Democratic Parties), would enact restrictive ballot access laws to influence election outcomes to ensure re-election of their own party's candidates.

Perhaps the most prominent advocate of the 1880s ballot reform movement, Dean Wigmore, suggested that "ten signatures" might be an appropriate requirement for nomination to the official ballot for a legislative office. In the twentieth century, ballot access laws imposing signature requirements far more restrictive than Wigmore had envisioned were enacted by many state legislatures; in many cases, the two major parties wrote the laws in such a way that the burdens created by these new ballot access requirements (usually in the form of difficult signature-gathering nominating petition drives) fell on alternative candidates, but not on major party candidates.[3] Proponents of more open ballot access argue that restricting access to the ballot has the effect of unjustly restricting the choices available to the voters and typically disadvantages third party candidates and other candidates who are not affiliated with the established parties.

[edit] State laws, the Constitution, and international human rights

President George H.W. Bush signed the Copenhagen Document of the Helsinki Accords that states in part:

(7.5) - respect the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination;

(7.6) - respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities;...

The United States has been criticized by the Organization for Security and Co-operation in Europe (OSCE) for its harsh ballot access laws in the past. In 1996, United States delegates responded to the criticism by saying, unfair ballot access "could be remedied through existing appeal and regulatory structures and did not represent a breach of the Copenhagen commitments."[4]

The OSCE published a report on the 2004 United States election, which, among other things, noted restrictive ballot access laws.[5]

The United States and Switzerland are the only countries in the world that don’t have national ballot access standards for federal elections;[6] however in Swiss federal elections each Canton elects its own representatives, and each candidate can only be listed in one Canton. Since 1985, Democrats and Republicans (including Congressman John Conyers (D-MI), Congressman Tim Penny (D-MN) and Congressman Ron Paul (R-TX)) have repeatedly introduced in the US House of Representatives a bill that would set maximum ballot access requirements for House elections. The bill has only made it to the House floor once, in 1998, when it was defeated 62-363.

While some supporters of easy ballot access seek congressional intervention, other reformers are happy congress has not mandated stricter access laws in all states. Reducing access requiements at the local level would be easier than doing so federally if congress wanted to guarantee its re-elections.

[edit] State ballot access laws

Ballot access laws in the United States vary widely from state to state. A brief outline of such laws follows (incomplete).

Activists of the Arizona Green Party collecting signatures for ballot status.

[edit] Constitutional dimensions of ballot access laws

State ballot access restrictions can affect fundamental constitutional rights, including:

It has also been argued that ballot access restrictions infringe the following constitutional rights:

The United States Supreme Court precedent on ballot access laws cases has been a bit conflicting. In Williams v. Rhodes (1969) the court struck down Ohio's ballot access laws on First and Fourteenth Amendment grounds, but during the 1970s tended to uphold strict ballot access law, with strict scrutiny no longer applying and a new compelling State interest arising, namely the, "preservation of the integrity of the electoral process and regulating the number of candidates on the ballot to avoid voter confusion." [Constitutional Right To Candidacy. Nicole A. Gordon Political Science Quarterly Volume 91 Number 3 1976]

Yet, in Anderson v. Celebrezze, 460 U.S. 780 (1983), the court struck down a strict ballot access law and seemed to be returning to the precedent outlined in Rhodes, which gave strong emphasis to due process and expressive rights. However, subsequent rulings throughout the 1980s - the present seem



Various state courts and lower federal courts have also upheld constitutional challenges to ballot access restrictions.

(NB: to be completed)

On the other hand, a number of court decisions are routinely cited as supporting the principle that states have considerable leeway, if justified by legitimate and compelling interests, to regulate who may appear on the ballot. The Supreme Court case cited most often this effect is Jenness v. Fortson, 403 U.S. 431 (1971), where the Court declined to strike down a very restrictive ballot access law in Georgia. The law in question required third party candidates seeking a nomination petition to obtain signatures no less than 5% of eligible voters in the previous election for that particular office.[33] In most states, the requirement is less than 2%.[34]

[edit] International human rights law and ballot access

International agreements that have the status of treaties of the U.S. are part of the supreme law of the land, under Article VI of the United States Constitution.

Another source of international human rights law derives from universally accepted norms that have found expression in resolutions of the U.N. General Assembly. Although the Universal Declaration of Human Rights is not binding under U.S. law the way a treaty is, this type of norm is recognized as a source of international law in such treaties as the Statute of the International Court of Justice, to which the U.S. is a party:

(NB: to be completed)

[edit] Write-in status versus ballot access

Depending on the office and the state, it may be possible for a voter to cast a write-in vote for a candidate whose name does not appear on the ballot; but, it is extremely rare for such a candidate to win office. In some cases, write-in votes are simply not counted. Having one's name printed on the ballot confers an enormous advantage over candidates who are not on the ballot. The United States Supreme Court has noted that write-in status is absolutely no substitute for being on the ballot. One of the rare cases, and perhaps the most notable case, of a write-in candidate actually winning an election was Strom Thurmond's election as a write-in candidate to the United States Senate in 1954. More recent examples were the write-in election of Charlotte Burks to the Tennessee State Senate seat of her late husband, Tommy Burks, murdered by his only opponent on the ballot, and the write-in primary victories in the re-election campaign of Mayor Anthony A. Williams of the District of Columbia. Each of these cases involved unique political circumstances, a popular and well-known candidate, and a highly organized and well-funded write-in education campaign.

[edit] Other obstacles facing third parties

The growth of any third political party in the United States faces extremely challenging obstacles, among them restrictive ballot access. Other obstacles often cited[by whom?] as barriers to third-party growth include:

[edit] Justification of strict ballot access laws by two party supporters

Strict ballot access laws are not required for a two party system, as can be seen by the experience of Canada and the United Kingdom. However, the following arguments are put forth about the need for strict ballot access laws in the United States

[edit] Claimed problems with the two party system

[edit] See also

[edit] References

  1. ^ ACE Encyclopaedia: Criteria to stand as a candidate . Retrieved 2009-07-15.
  2. ^ "Recall Results", Ballot Access News, 1 November 2003 . Retrieved 22 September 2008.
  3. ^ Richard Winger, "The Importance of Ballot Access", Long Term View (Andover, MA: Massachusetts School of Law, Spring 1994).
  4. ^ "U.S. Supreme Court Rules Against Fusion", Ballot Access News, 5 May 1997 . Retrieved 22 September 2008.
  5. ^ "OSCE/ODIHR Election Observation Mission Final Report" on the 2 November 2004 elections in the United States, OSCE Office for Democratic Institutions and Human Rights, 31 March 2005 . Retrieved 22 September 2008.
  6. ^ "Ballot Access Bill Re-Introduced in Congress", Ballot Access News, 1 October 2007 . Retrieved 22 September 2008.
  7. ^ Mary Jo Pitzl, "Green Party wins ballot status", The Arizona Republic, 20 April 2008 . Retrieved 22 September 2008.
  8. ^ "California Secretary of State - Political Party Qualification". Sos.ca.gov. 2006-11-07. http://www.sos.ca.gov/elections/elections_t.htm. Retrieved 2010-05-09. 
  9. ^ [1][dead link]
  10. ^ http://www.moga.mo.gov/statutes/c100-199/1150000317.htm
  11. ^ NC General Assembly webmasters. "N.C.G.S Chapter 163 Elections and Election Law". Ncleg.net. http://ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0163. Retrieved 2010-05-09. 
  12. ^ "N.C.G.S. §163-96(a)(2) "Political party" defined; creation of new party". Ncleg.net. http://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-96.html. Retrieved 2010-05-09. 
  13. ^ a b "New Political Party Ballot Access | North Carolinians for Free and Proper Elections PAC". Ncfpe.com. http://www.ncfpe.com/issues/ballotlaws/gs163-96.htm. Retrieved 2010-05-09. 
  14. ^ "N.C.G.S. §163-96(a)(1) "Political party" defined; creation of new party". Ncleg.net. http://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-96.html. Retrieved 2010-05-09. 
  15. ^ "N.C.G.S. §163-97 Termination of status as political party". Ncleg.net. http://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-97.html. Retrieved 2010-05-09. 
  16. ^ "N.C.G.S. §163-97.1 Voters affiliated with expired political party". Ncleg.net. http://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-97.1.html. Retrieved 2010-05-09. 
  17. ^ a b "N.C.G.S. §163-122 Unaffiliated candidates nominated by petition". Ncleg.net. http://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-122.html. Retrieved 2010-05-09. 
  18. ^ "Unaffiliated District Candidates Access to the Ballot | North Carolinians for Free and Proper Elections". Ncfpe.com. http://www.ncfpe.com/issues/ballotlaws/gs163-122a2.htm. Retrieved 2010-05-09. 
  19. ^ "Elections and Voting", North Dakota Secretary of State . Retrieved 22 September 2008.
  20. ^ "Secretary of State Eases Restrictions on LPO Ballot Access", Libertarian Party of Ohio, 22 May 2007 . Retrieved 22 September 2008.
  21. ^ "Ohio Libertarian Party wins ballot access lawsuit", Ballot Access News, 17 July 2008 . Retrieved 16 October 2008.
  22. ^ "Number of Signatures Required on Petitions Filed for the 2006 Election", South Dakota Secretary of State . Retrieved 22 September 2008.
  23. ^ "Qualifying Procedures for Candidates for United States Senator", Tennessee Division of Elections . Retrieved 3 November 2008.
  24. ^ "Qualifying Procedures for Tennessee Candidates for United States House of Representatives", Tennessee Division of Elections . Retrieved 3 November 2008.
  25. ^ "Qualifying Procedures for Candidates for Tennessee State Senator", Tennessee Division of Elections . Retrieved 3 November 2008.
  26. ^ "Qualifying Procedures for Candidates for Tennessee House of Representatives", Tennessee Division of Elections . Retrieved 3 November 2008.
  27. ^ "Tennessee Ballot Access Procedures for Candidates for U.S. President", Tennessee Division of Elections . Retrieved 3 November 2008.
  28. ^ "Against all odds, third-party candidates fight on", The Tennessean . Retrieved 3 November 2008.
  29. ^ "Candidate's Guide to Primary and General Election", Texas Secretary of State . Retrieved 22 September 2008.
  30. ^ An example for the 2007 election appears here [2].
  31. ^ "LIS > Code of Virginia > 24.2-506". Leg1.state.va.us. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-506. Retrieved 2010-05-09. 
  32. ^ http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-101
  33. ^ "JENNESS V. FORTSON, 403 U. S. 431 (1971)", US Supreme Court Center . Retrieved 22 September 2008.
  34. ^ "Oklahoma Supreme Court Won't Hear Ballot Case -- Libertarian Ballot Access Case Had Been Filed in 2004", Ballot Access News, 1 June 2007 . Retrieved 22 September 2008.

[edit] Bibliography

[edit] External links

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