Wednesday, August 4, 2010

NYC Bar Ballot Access Filing Fee Alternative

Thanks to Ballot Access News and Harry Kresky for this news.

On June 10, 2010, the New York City Bar Association Election Law Committee made this recommendation. Harry Kresky, the New York City Independence Party lawyer, was the original drafter of the report.

"New York should adopt a filing fee alternative to the designating or nominating petition requirement for placement on the election ballot. Incremental reform of the petitioning process has not sufficiently lowered the barriers facing candidates for public office, particularly those who are insurgents.

An additional alternative is to guarantee a place on the ballot to candidates who have met the qualifying threshold for public funding by New York City’s Campaign Finance Board. The two approaches are not inconsistent. The filing fee proposal has the advantage of being applicable to all candidacies and all public offices in New York City and New York State.

Although the Committee supports a filing fee as an alternative, it does not recommend a specific fee or formula; the Legislature should do so."

Here are some questions about this recommendation:

1. Since New York is a Fusion state will a candidate have to pay a filing fee for each party's ballot line? What about the Party's right to decide who runs on their line?

2. If you used a filing fee, it should be required to be collected proportionally across the candidates district. This would show a wide support and not allow self funding.

How would you determine a filing fee?

Use the above link to read the entire recommendation.

Michael H. Drucker
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