Wednesday, August 27, 2008

NY Restriction on Absentee Voting Overturned

On August 22, the 2nd Circuit struck down a New York state election law that says that absentee voters are not permitted to vote for Party County Committee Members.

New York State Elections Officials send absentee voters a ballot that omits that office, but includes all the other offices that are on non-absentee ballots. The case is Price v New York State Board of Elections, 07-5367. The vote was 2-1. The dissenting judge thought that the law was only a trivial violation of the right to vote.

New York’s rationale for omitting Party County Committee elections from absentee ballots is that absentee ballots take longer to count than ordinary ballots, and the parties need to know very quickly who was elected to its county committees. However, since one of the co-plaintiffs in the case is the Republican Party of Albany County, that rationale wasn’t convincing to the two judges in the majority.

Michael H. Drucker
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Monday, August 25, 2008

Delaware Libertarians Use Fusion for First Time

On August 23, the Delaware Libertarian Party held its nominating convention. It nominated a registered Libertarian for U.S. House, Mark Anthony Parks. For two seats in the state House, it nominated candidates who are also the Republican nominees. They are Tyler Nixon in the 4th district, and Jesse Priester in the 23rd district. They will each be on the November ballot twice, and voters who want to vote for them can choose either party label.

The Libertarian Party of Delaware tried to use fusion in 1994, when a registered Libertarian, John M. Reda, won the Republican primary for state house, district 13. He was also the Libertarian nominee. But the Attorney General ruled that Delaware did not permit fusion, so Reda kept his Libertarian nomination and the Republicans had no nominee.

Later, the Attorney General changed his mind. But in the years since, the only Delaware minor party that has engaged in fusion had been the Independent Party. The Working Families Party tried to use it, but all the Democrats who earned the WFP’s support declined the WFP nomination, on orders from the Democratic Party state organization. Thanks to LastFreeVoice for the news about the Delaware Libertarian convention.

Michael H. Drucker
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Sunday, August 24, 2008

Top-Two or Open Primary

Washington state has given us a test of the top-two or open primary. The results show that it works. The top-two vote-getters go onto the General Election.

The parties complained that under the top-two or open primary, they are being denied an opportunity to nominate the candidates they want. But what’s to keep them from having their own nomination process, then putting the winners of that process forward in the public elections?

If the parties want to act like private organizations that want their own nominating process closed to outsiders, they ought not to expect the state to conduct it for them at public expense.

Michael H. Drucker
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Open Debates


I just got this email from the Nader Team:

The Nader Team just arrived in Denver for the DNC.

We wanted to see what all the fuss was about, so we paid a visit to Invesco Field, the site of Obama's upcoming speech. Ironically, it was easier for us to get in there than it was to get in one of your debates. Here we are protesting that fact. As you can see from this photo, we managed to inflate a huge liberty bell at Invesco Field. You know, liberty: the freedom to speak and debate.

A liberty that third party candidates are routinely denied by the mainstream press and mainstream candidates. We want to change that. So we are issuing a challenge to the Commission on Presidential Debates -- liberate debates from corporate control and end the anti-democratic exclusion of third party candidates.

And we are issuing a challenge to you. You are the candidate of hope and change.

Consequently, we hope you will change your mind and make good on your offer to debate anytime, anywhere. Participate in the Google debates in New Orleans on September 18th and urge them to include third parties.

John McCain said he'd do it.

How about you?

Do it for hope.

Do it for change.

Give people a real choice this election.

Michael H. Drucker
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Thursday, August 21, 2008

The Campaign to Make Poverty History


ABOUT THE VIDEO For more than a year, ONE members have been trailing the presidential candidates asking them to go on the record with their plans to combat global poverty. Now we're taking our message to the airways with this major new TV ad. The ad features Matt Damon with different Americans' voices - among them Michelle Obama, Cindy McCain and Mayor Bloomberg.

Watch for it on TV and across the Internet starting Sunday, August 24th, but add your voice and share the online video with your friends now.

You can learn more about this ad and movement by using the above link.

Michael H. Drucker
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Wednesday, August 20, 2008

Independents Win Legal Victory

Independents just won a significant legal victory in Idaho.

Last month, CUIP, our Idaho affiliate, and 12 independent voters petitioned the Federal Court to become co-defendants in a lawsuit filed by the Republican Party against the State of Idaho. The Republicans are attempting to force the state to close the primaries to independent voters, and we petitioned to become directly involved as defendants in the suit.

This morning at 9:30 AM, the judge ruled—over the strenuous objections of the Republicans’ attorneys that CUIP and independent voters could join the suit as defendants.

It’s a legal precedent, the first time that independents have directly intervened in an election case that impacts on our voting rights.

It’s an important win for independent minded voters.

Use the above link to read the entire article.

Michael H. Drucker
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Tuesday, August 19, 2008

Reasons to Vote for a Candidate

This is not my endorsement of any candidate. This video is Ashley Sanders endorsing Ralph Nader. The introduction by Ashley gave one of the most eloquent and thought provoking reasons to vote for a candidate.


Michael H. Drucker
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Wednesday, August 13, 2008

State Fusion Issues

On August 11, two ballot-qualified parties in Oregon filed a lawsuit in state court, alleging that the actual text of the Oregon election law does permit two parties to jointly nominate the same candidate. The plaintiffs include the Working Families Party and the Independent Party. The WFP wants to cross-endorse Peter Buckley, a Democratic nominee for the state house. The Independent Party wants to cross-endorse Joel Haugen, a Republican nominee for U.S. House, First District.

"In Oregon there is a distinction between “endorse” (a term with no legal significance) and “nomination” by a political party. Nomination has legal significance and gives both the candidate and the party certain rights under statute, all in furtherance of the great cognate rights of expression and assembly.

The IPO has nominated state and local candidates, and cross-nominated Jeff Merkley, D challenger to Sen. Gordon Smith, and the D candidate for State Treasurer, in addition to the R candidate in the 1st CD. Working Families cross-nominated an Oregon House candidate. All the candidates have formally accepted each of the major and minor party nominations.

OR law regulating the design of ballots requires that a candidate’s name may appear only once on the ballot, and then sets out a series of “rules” for which party name(s) shall appear with the candidate on the ballot. The Secretary of State contends that in cross-nominations, only the name of the major party may appear, without exception. We disagree.

Thus, this is not a case about “fusion” voting in the sense of allocating a separate ballot line to each nominating party, but a claim that the law requires that the names of both nominating parties appear with the candidate’s name. This is fusion-lite, or whatever, but would nevertheless provide truthful, accurate information about the candidate and the official actions of the minor parties."

On August 12, the South Carolina Secretary of State, and the South Carolina Election Commission, jointly agreed that if two different parties jointly nominate the same presidential candidate and the same slate of presidential elector candidates, that the state will add the votes together (from both parties) to determine the candidate’s vote total.

This may seem as though it should have been obvious all along. The other fusion states certainly considered it obvious, but South Carolina had been equivocating this year, about that point.

Michael H. Drucker
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Wednesday, August 6, 2008

Is this Going to be a Paper Ballot Year?

Record number of US voters may cast paper ballots!

By THE ASSOCIATED PRESS

SAN DIEGO (AP) -- Come November, more Americans might cast their ballots on paper than in any other election in U.S. history.

That wasn't supposed to happen. If everything had gone according to the government's $3 billion plan to upgrade voting technology after the hanging-chad fiasco in Florida in 2000, that sentence would read "electronic machines" instead of paper.

Instead, thousands of touchscreen devices are collecting dust in warehouses from California to Florida, where officials worried about hackers and fed up with technical glitches have replaced the equipment with scanners that will read paper ballots.

An Associated Press Election Research survey has found that 57 percent of the nation's registered voters live in counties that will be relying on paper ballots this fall.

The number of registered voters in jurisdictions that will rely mainly on electronic voting machines has fallen from a high of 44 percent during the 2006 midterm elections to 36 percent. (Much of the rest of the electorate consists of voters in New York state, who will be using old-fashioned pull-lever machines.)

In fact, because of growth in the electorate over the past decade, expansion of absentee voting rules, and expectations of high turnout for the contest between Barack Obama and John McCain, some experts are predicting a record number of Americans will cast ballots on paper this year.

"More people will be using computer-read paper ballots than at any other time in the nation's history," said Kimball Brace, head of Election Data Services, a consulting firm. "As you get more registered voters and more people in the pool, it exacerbates this bigger issues of paper."

In 2000, about 97 million registered voters lived in counties that relied on some form of paper ballot, Brace said. That figure is expected to top 100 million this fall, according to the AP data.

The return to paper creates extra stress on an already-strapped election system. Cash-poor counties will have to spend tens of millions of dollars printing ballots. Voters, many of them first-timers, may wind up confused by the ballot formats and frustrated by long lines of people waiting to use the scanners. And counting all the paper could hold up the results of the election.

"After 2000, there was a widespread revulsion about paper -- everyone had the mental image of the guy cross-eyed looking at the punch-card ballot," said Doug Chapin, director of the watchdog organization Electionline. "But there's no silver bullet. You're trading one set of problems for another."

All states but Idaho have junked the punch-card ballots that caused so much trouble in Florida. But many plan to use paper ballots that require voters to fill in ovals with a pen. The ballots are then read by digital scanners.

Unlike touchscreens, paper can't malfunction or be hacked into. But it has to be printed, shipped and securely stored before and after Election Day. Counties already paying to warehouse electronic machines will have to buy reams of card stock, print extras in multiple languages, pay for delivery and eventually destroy the unused ballots.

In counties that are on their third system in three presidential contests, officials are retraining workers in how to use the equipment and demonstrate it to voters. Broward County, Fla., which was caught in the punch-card maelstrom in 2000, has produced guides showing voters how to feed their paper ballots into the scanners.

Other counties making the switch, including some of California's largest, are planning to collect ballots at polling places and pay workers overtime to feed them into industrial-size scanners at central offices.

None of that is likely to prevent voters from making other sorts of mistakes, such as filling in the wrong oval or using the wrong color pen.

"A lot of officials are in damage-control mode because they're going to try to limit the problems of switching to paper," said Mike Alvarez, an expert in voting technology at Caltech in Pasadena. "You will have ballots not showing up, being printed wrong, the litany of mistakes voters make with these ballots, and then there's incredible pressure in a crowded polling place for people who are trying to make their decision."

As Brace put it: "Paper is traditionally the device that the public is really good at screwing up."

In 2000, about 61 percent of registered voters lived in counties that relied on some form of paper ballot, whether punch-cards or fill-in-the-oval forms, according to Election Data Systems. Only 13 percent of voters lived in counties that used touchscreens or other e-voting devices; the rest used pull-lever machines.

With fewer than 100 days until Nov. 4, the first concern for many election officials is making sure they will be able to get all their ballots printed between the time the national, state and local slates have been selected and Election Day.

California, the nation's biggest electoral prize, with more than 16 million people registered to vote, abruptly outlawed most electronic machines last summer, creating a potential crunch in the highly specialized ballot-printing industry. San Diego contracted with a Washington state company after local businesses said they couldn't produce the 3.5 million extra ballots in the two-month window.

Many paper ballots may wind up in the shredder.

Last week, Ohio's secretary of state ordered all 53 counties using electronic machines to print paper ballots to accommodate voters in November who opt out of e-voting. A similar order during the primary resulted in the pulping of more than a million unused ballots after only 14,484 voters asked for them.

How will you vote this November?

Michael H. Drucker
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Is Obama the End of Black Politics?




This article will appear in the 8/10/2008 Sunday's Times Magazine. The article is by Matt Bai, who covers politics for the magazine, is the author of “The Argument: Inside the Battle to Remake Democratic Politics.”

"Forty-seven years after he last looked out from behind the bars of a South Carolina jail cell, locked away for leading a march against segregation in Columbia, James Clyburn occupies a coveted suite of offices on the second and third floors of the United States Capitol, alongside the speaker and the House majority leader. Above his couch hangs a black-and-white photograph of the Rev. Martin Luther King Jr. speaking in Charleston, with the boyish Clyburn and a group of other men standing behind him onstage. When I visited Clyburn recently, he told me that the photo was taken in 1967, nine months before King’s assassination, when rumors of violence were swirling, and somewhere on the side of the room a photographer’s floodlight had just come crashing down unexpectedly. At the moment the photo was taken, everyone pictured has reflexively jerked their heads in the direction of the sound, with the notable exception of King himself, who remains in profile, staring straight ahead at his audience. Clyburn prizes that photo. It tells the story, he says, of a man who knew his fate but who, quite literally, refused to flinch."

Use the above link to read the entire article.

Michael H. Drucker
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Tuesday, August 5, 2008

The Change in Voter Rolls

Well before Senators Barack Obama and John McCain rose to the top of their parties, a partisan shift was under way at the local and state level. For more than three years starting in 2005, there has been a reduction in the number of voters who register with the Republican Party and a rise among voters who affiliate with Democrats and, almost as often, with no party at all.

While the implications of the changing landscape for Mr. Obama and Mr. McCain are far from clear, voting experts say the registration numbers may signal the beginning of a move away from Republicans that could affect local, state and national politics over several election cycles. Already, there has been a sharp reversal for Republicans in many statehouses and governors' mansions.

In several states, including the traditional battlegrounds of Nevada and Iowa, Democrats have surprised their own party officials with significant gains in registration. In both of those states, there are now more registered Democrats than Republicans, a flip from 2004. No states have switched to the Republicans over the same period, according to data from 26 of the 29 states in which voters register by party.

But it is the growing involvement of independents in open presidential primaries that has brought the Democrats to where they are today. Independents have done something unprecedented: they have, literally, decided the Democratic nomination by giving Barack Obama his competitive edge. Independent voters, leveraging the Democrats' own delegate selection rules, became the "deciders" in this year's primary elections.

The Democratic Party has been at odds with itself, and independents have taken advantage of the fact. The McGovern-Fraser reforms cleared the way for state run primaries, many of which allow independents to vote. The Mondale-Kennedy-Hart counter-reforms aimed at stabilizing the party and enhancing the power of party elites. On the one hand, the party has adjusted to greater voter participation and popular control. On the other hand the party desires a strong central organization and party control. In the mist of this tug-of-war, independents, in the greatest of all unintended consequences, have become the unlikely kingmakers.

What do you think of the power of the independent movement in 2008?

Michael H. Drucker
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