Thanks to Richard Winger of Ballot Access News for this post.
The Ninth Circuit will hear oral argument in Arizona Libertarian Party v Bennett on March 29, Thursday, in Tucson. The three judges will be A. Wallace Tashima, M. Margaret McKeown, and Marsha Berzon.
In 2011, the Arizona Legislature amended the statute regarding the form used for the registration of electors. At the time of the amendment, the statute stated the form "shall contain . . . [t]he registrant's party preference." A.R.S. § 16-152(A)(5) (2004). The amended statute now provides that the form shall contain:
5. The registrant's party preference. The two largest political parties that are entitled to continued representation on the ballot shall be listed on the form in the order determined by calculating which party has the highest number of registered voters at the close of registration for the most recent general election for governor, then the second highest. The form shall allow the registrant to circle, check or otherwise mark the party preference and shall include a blank line for other party preference options.
This is the case in which the Arizona Libertarian and Green Parties challenge the voter registration form. In the section where applicants choose a party or independent status, the form lists the two largest political parties, each with their own check-box.
Then there is a third check-box, which is labeled “other” and has a blank line that is less than an inch long.
The parties argue that the form should list all the ballot-qualified parties, not just the two largest, which, of course, are the Republican and Democratic Parties.
But there are other minor parties in the state, that include: Constitution, Independent American, and Socialist.
The case says, it is especially important that the form list the qualified minor parties, because the only way they remain ballot-qualified is by having registration of at least two-thirds of 1%. I think all parties should be on the form.
The Green Party has never had registration of two-thirds of 1%, and consequently frequently goes off the ballot and then must petition to get back on again.
If all parties were also listed on the form, the Greens, Libertarian, and the other minor parties, would plausibly meet the registration test.
The law also lets parties stay on if they get 5% of the vote for Governor.
NYC Wins When Everyone Can Vote! Michael H. Drucker
Technorati Tag in Del.icio.us 
2 comments:
Thanks for publicizing this interesting case. The Constitution Party has never been on the ballot in Arizona. The Independent American Party has some activists in Arizona but it has never been on the ballot either, although its activists took over the ballot-qualified Americans Elect Party, and ran some people in 2014, but it didn't poll 5% for Governor so it will go off the ballot soon. I don't think the Socialist Party is even organized in Arizona. It hasn't been on the Arizona ballot since 1936.
I found a website for the Arizona Socialist Party but it has a date of 2007.
Post a Comment