Ballot access: a continued struggle for third parties in America

By Brent Daggett: While attempting to survive in the duopoly of the traditional left-right paradigm is no simple feat, third parties are equally struggling with ballot access in order to become viable candidates in the eyes of the electorate.
In this election cycle the aforementioned problem continues, especially for former Governor Gary Johnson of New Mexico who is now the libertarian candidate for president.
On August 24, Republican Party operatives Cynthia Rees and Kelly Mills filed a challenge with Secretary of State John Husted’s office in order to restrict Johnson from being on the Ohio ballot for allegedly violating the state’s sore loser law.
According to paragraph three Section 3513.04 of the Ohio Revised Code:

“No person who seeks party nomination for an office or position at a primary election by declaration of candidacy or by declaration of intent to be a write-in candidate and no person who is a first choice for president of candidates seeking election as delegates and alternates to the national conventions of the different major political parties who are chosen by direct vote of the electors as provided in this chapter shall be permitted to become a candidate by nominating petition or by declaration of intent to be a write-in candidate at the following general election for any office other than the office of member of the state board of education, office of member of a city, local, or exempted village board of education, office of member of a governing board of an educational service center, or office of township trustee.”

In layman’s terms, the law essential means that a candidate who lost a partisan primary cannot run with another party or as an independent in the general election.
However, this did not apply to Johnson since he was on the ballot through the state libertarian party and never filed to run with another party.
Rees and Mills withdrew their challenge after a quick response by legal experts
along activism within the libertarian party of Ohio and the Johnson presidential campaign.
As one may recall, earlier in the primary season, Johnson was running for the Republican Party nomination.
“Once again, the GOP is acting like the schoolyard bully,” said Libertarian Party of Ohio Executive Committee Chair Kevin Knedler. “They are afraid the voters are noticing they are out of good ideas and will turn to a mainstream candidate like Gary Johnson who has some character and a positive vision for our country’s future.”
Johnson has also won favorable rulings in Iowa and Virginia, but is still waiting on decisions from Michigan and Pennsylvania.
Johnson is not the only third party nominee battling for access.
Jill Stein, Green Party candidate for president, is on the ballot thus far in 33 states plus the District of Columbia and a write in three.
As stated by the website Ballot Access News, Stein will not be on the ballot in Wyoming since Secretary of State Max Maxfield determined she did not have enough valid signatures.
Virgil Goode, the Constitutional Party nominee is currently on the ballot in 21 states, plus a write-in three including the District of Columbia.
Each state has separate rules regarding access and a great source for that information can be viewed at National Voter Outreach, which is a political consulting firm specializing in the areas of signature drives and getting candidates on the ballot.
Despite the treatment of alternative candidates by the reigning two parties in order to retain their power, are there any reforms that would help promote the legitimacy of third party contenders?
I believe that instant-runoff elections should be adopted, especially at the local level.
According to the Web site instantrunoff.com, this is how the election process would work:

1. “Instant runoff voting uses ranked choice ballots to simulate a traditional runoff in a single round of voting. Voters rank candidates in order of preference. They typically are given the option to rank as many or as few candidates as they wish. Indicating support for a lesser choice never counts your higher choices.
2. Every voter has one vote. That vote is counted initially for a voter’s first choice. If a candidate receives a majority of votes after tallying first choice, he or she is elected.
3. If no candidate receives a majority of first choices, the last-place candidate with the fewest votes is eliminated.
4. Ballots cast for the eliminated candidate are now added to the totals of those voters’ second choices.
5. This process of eliminating last-place candidates and adding ballots cast for those candidates to the totals of the next-ranked choice continues until one candidate wins by securing a majority of the vote against remaining candidates.”

Some of the cities using instant-runoff elections are San Francisco and Oakland, California, Portland, Maine, along with Minneapolis and St. Paul, Minnesota.
Secondly, open debates should be allowed.  To me, restricting third party and independent candidates from a presidential debate or on a local level violates not only free speech, but the 14th Amendment.
Thirdly, the number of signatures to get on the ballot should be the same for every candidate regardless of party affiliation.
If our society truly values free elections more choice should be demanded, otherwise the perpetuation of insanity will keep giving the American people the illusion of choice and progress.
Edited by Madison Ruppert

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