In an unprecedented effort aimed at leveling the playing field for candidates and erasing the advantages held by better-funded campaigns, the Republican National Lawyers Association (RNLA) has spent the last nine months building a comprehensive database of ballot-access guidelines for the 2016 nominating season, and distributing the findings, free of charge, to each of the GOP presidential campaigns.
The report, called the Ballot Access Initiative, is an invaluable cheat sheet for campaigns, providing them all the information necessary to compete in each of the 56 voting jurisdictions: deadlines, filing fees, signature thresholds, and other fine-print language that has thwarted past campaigns. Whereas ballot access has long imposed a winnowing effect on primary fields, the Republican candidates in 2016 will be equipped with an extraordinary resource that has potential to extend the life of their campaigns.
More than 300 pages if printed out, state-by-state, and capped with a meticulous, color-coded summary spreadsheet, the initiative represents the most sweeping ballot-access project in GOP history, party officials said.
The report was disseminated on a rolling basis over the last three months to each of the GOP campaigns, and has now been distributed in its entirety, save for some forthcoming updates to reflect rule changes being considered in a handful of states. To put a bow on the project, the RNLA, an organization of 5,000 practicing attorneys nationwide, invited the counsels from each of the presidential campaigns to New York City last month for a briefing on the project. The only exception was Jim Gilmore, which RNLA organizers attributed to his late entrance into the race.
Ultimately, 12 of the 16 invited campaigns sent a representative, in most cases the General Counsel, to the RNLA summit at the New York Marriott Downtown. There, they got confirmation of something that seemed too good to be true: An outside organization was providing them a road map to accomplish one of the most daunting tasks in Presidential politics, and doing so free of charge.
“We’re trying to establish ourselves as a resource for Republicans to spend their hard-earned money on substantive issues, versus getting on the primary ballots,” said RNLA Executive Director Michael Thielen, who served as liaison between his organization and the campaigns, and helped brief them in New York.
How much money? According to Stefan Passantino, a Washington, D.C.-based attorney who served as cochairman of the Ballot Access Initiative, the number reaches easily into the six figures.
It typically costs “tens of thousands of dollars in direct research costs to the campaign,” Passantino said. “When you combine that with the additional costs incurred in having to hire professional signature-gatherers because of an inability to fully allocate volunteer resources at the outset, the amount undoubtedly extends to six figures.”
The Ballot Access Initiative was conceived by a Gingrich veteran. Randy Evans, the RNLA’s Chairman and a senior adviser to Gingrich’s campaign, along with Larry Levy, the RNLA’s president, who served as General Counsel to Rudy Giuliani’s 2008 White House bid.
In December of 2014, after the midterm elections had concluded and with attention
beginning to shift to the upcoming Presidential campaign, Evans and Levy commissioned the project. They had the blessing of the RNLA board, as well as the Republican National Committee, with the understanding that the report would be completed by summer’s end and distributed to the campaigns for free.
Generosity for its own sake may seem rare in politics, but in this case, there’s no catch or caveat. Everyone involved with the project insists the goal is simply to level the playing field between candidates, and spare the campaigns much of the time, energy, and money expended in cycles past.
With all the remaining campaigns now possessing a how-to guide for getting onto every ballot, it’s plausible that many second and third tier candidates could qualify for contests they otherwise wouldn’t have, thus prolonging the primary season.
This would seemingly counteract the stated goal of the RNC, which has reduced the number of debates and compressed the primary calendar with the ultimate goal of shortening the nominating season and producing a nominee early. So why would the RNC green-light a project that could potentially achieve the opposite?
An RNC spokesperson stressed that the national party played no role in the RNLA effort. But officials in both groups confirmed that the RNC was consulted at the outset of the project, and said there was coordination throughout. This was attributed in large part to the overlap between the two entities, starting at the top: Evans, the RNLA President, also serves as the RNC committeeman from Georgia; and RNC General Counsel John Ryder is vice chairman of the RNLA’s executive committee.
Simply put, RNLA officials said they share the RNC’s goal of choosing a nominee quickly, as long as the candidates are allowed to compete under equal circumstances.
The Ballot Access Initiative is no guarantee of universal success. Having all of the information is only half the battle; campaigns must now execute on the playbook handed to them by the RNLA. And, oddly, several of the campaigns didn’t bother sending anyone to New York for last month’s briefing. Absent were representatives from the campaigns of Santorum, Lindsey Graham, Rick Perry, who has since dropped out of the race, and Donald Trump, though RNLA officials emphasized that Trump’s campaign counsel, former Federal Election Commission Chairman Donald McGahn, has worked closely with them, and that he missed the summit due to a scheduling conflict.
It’s especially notable that Santorum, whose ballot struggles hindered his anti-Romney surge in 2012, did not send anyone to the RNLA summit. Santorum spokesman Matt Beynon said the campaign “is well aware of the challenges we faced four years ago” and now has “a campaign counsel as well as several staff members dedicated to ballot access.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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