The Independent View: GA Suit So Minor Parties and Independents Have Chance for Ballot Access with RCV

Thanks to Richard Winger of Ballot Access News for this post.

Since 1943, Georgia has required Minor Party and Independent Candidates for U.S. House to Submit a Petition of 5% of the Number of Registered Voters to get on the Ballot for the U.S. House.

This is so Difficult, No Independent has done it since 1964, and No Minor Party Candidate has ever done it.

The Libertarian Party currently has a Lawsuit pending in U.S. District Court against this Requirement. Georgia allows the Libertarian Party to be on the November Ballot Automatically for All Statewide Offices and U.S. Senate, but not U.S. House or State Legislature.

On April 18, the State answered Interrogatories, to explain why it has such Draconian Ballot Access Requirements for Minor Party and Independent Candidates for U.S. House. The State says it has a Compelling Interest in Avoiding the need to hold a Run-Off General Election.

Georgia Law, since 1964, has provided for Run-Off General Elections for All Federal and State Office except President. These Run-Off General Elections are in January of the year after the Election. Georgia held Runoff General Elections for U.S. Senate in 1992 and 2008. Both times, the Presence of a Libertarian on the Ballot for U.S. Senate prevented anyone from getting as much as 50% of the Vote in November, the Requirement for the Run-Off.

Election, Primary & Filing Dates:

State Primary: May 22nd, 2018
Primary Run-Off: July 24th, 2018
General Election: November 6th, 2018
State General Run-Off (if needed): December 4th, 2018
Fed General Run-Off (if needed): January 8th, 2019

There is an obvious answer to Georgia’s response. The State is Free to use Ranked-Choice Voting (RCV).

U.S. Supreme Court Justice Harlan mentioned this idea Fifty Years Ago in his concurrence in Williams v Rhodes, 393 US 23 (1968).

Williams v Rhodes was an Ohio Ballot Access Case. Ohio Defends its Democratic-Republican Ballot Monopoly by saying that it wants the Winner to always receive at least 50%. Harlan wrote in Footnote 8, that Ohio is Free to use Ranked-Choice Voting.