Date: Sun, 25 Mar 2001 22:09:56 -0500 (EST) From: phillies@wpi.edu ("George D. Phillies") Subject: [lpaz-discuss] Funding Liberty Part IV To: liberty_1st@excell.net, lpaz-discuss@yahoogroups.com, lpus-misc@dehnbase.org, PALibernet@yahoogroups.com Reply-To: lpaz-discuss@yahoogroups.com Newsgroups: talk.politics.libertarian,alt.politics.libertarian
{\Large Appendix B: Massachusetts Election Law}
Every state has its own election laws, with their own features and quirks. To understand the electoralsignificance of Major Party Status, we have to consider a slew of details.
Massachusetts recognizes minor political parties (called "Party Designations") and Major Political Parties. Party Designations status is obtained by petition. The would-be party submits a petition signed by at least 50 registered voters, and receives Party Designation status. Under Massachusetts Law, any candidate may place a label of up to three words (Recall Mr.\ Ferguson, who ran with the label "Larouche Was Right" by his name on the ballot.) Any voter may register ("enroll") as the member of any party. Party Designation status means that a central count is kept of the numbered of voters enrolled under that designation.
Major Party Status is obtained if (1) the Party has enrolled at least 1% of the registered voters in the state, or (2) any of the Party's candidates received at least 3% of the vote in the most recent statewide election. In recent memory, only the Democrats and Republicans have had enough registered voters. Several Parties, including Libertarian, Green, and Reform, have received enough votes to qualify as a major party through the next election cycle. With Major Party Status, the Party's name appears on the Voter Registration form, so that people can enroll in the party by checking a box.
It is important to understand that in Massachusetts Major Party status makes it substantially harder to put candidates on the ballot. This circumstance is the opposite of that found in many other states, where Major Party Status makes it easier to get candidates on the ballot. The core issue is that in Massachusetts all candidates go on the ballot by petition. There are "nominating conventions", but these conventions are decorative, not functional.
Why is Major Party Status a disadvantage? The signature count requirements are exactly the same for all candidates. For example, to run for State Representative, you need 150 valid signatures, no matter if you are a Democrat or from a totally new party. If you are running with a Party Designation, any registered voter may sign your petition, and if you get enough signatures you go on the November General Election ballot. If you are running as a Major Party candidate, registered voters enrolled in other major parties are not allowed to sign your petition; if you get enough signatures you go on the September Primary Election ballot. This restriction efffectively doubles or more the number of signatures that a small-major-party candidate needs to collect in order ot have enough valid signatures, relative to the number of signatures that a Democrat needs to collect.
Worse yet, Massachusetts has a substantial history of using its election laws and the September Primary election to knock small-major-party candidates out of the race, Under these laws, a small-major-party that put its candidate on the September Primary Ballot can be left with no candidate whatsoever on the ballot in the General election. The path to this predicament is straightforward. The large Majo Party seeking to eliminate a small-major-party candidate from the ballot waits until the Summer before the election. It then re-registers a very small number of its faithful members as members of that small party, or lines up the "Unenrolled" (other states would call them "Independent") registered voters of its support groups. Come the September Primary, these people go to the polling place, take a small-major-party ballot, and write in a straw candidate, or the candidate of the large major party, rather than voting for the candidate of the small major party.
If the write-in candidate wins [this has happened at the U.S. Congress level], he has two choices. He can accept the nomination, in which case he gets a second party designation under his name. He can decline the nomination, in which case under State Law the small-major-party ballot line is left blank. In neither case can the small major party get its own candidate back on the ballot. Furthermore, Party Designations may govern themselves as they see fit, but Major Parties are mandatorily governed by State Committeemen and State Committeewomen elected for four-year terms during the Presidential Primary by the registered voters in each State Senate District. Under current State Law, this governance requirement would permit a large-major-party to elect its own puppets to a majority of the State Committee posts of the small major party, and convert the Small Major Party to its puppet.
In Massachusetts, Major Party status thus makes it much harder to petition to get candidates on the ballot. Major Party status makes it much easier for other major parties to make those candidates go away before November. Major Party Status does not change how or where a candidate's name and Party Designation appears on any ballot. In 1998, when we were a Party Designation and not a Major Party, I ran for U.S. Congress. My ballot line read "George Phillies -- Libertarian".
There was thus absolutely no sense whatsoever in which the Howell 2000 campaign was a race for ballt access.
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