Oklahoma has the worst ballot access law in the nation
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Ballot Access Archives
Some reasons to reform Oklahoma's Ballot Access Law.David Splinter, OKLP Vice-Chair, proposes attracting more candidates to run in Oklahoma by drawing fair districts and reforming ballot access. Letter to the Gazette.
Richard Prawdzienski wonders why 38 OK House seats are uncontested.
A County judge denies Libertarian election qualification bid for 2004 ballot access.
In, 1984, a US district judge said Oklahoma's ballot access law is "more severe" than in any other state and violates the Libertarian Party's First Amendment right of political association, as well as the Equal Protection Clause of the 14th Amendment.
Frank Robinson says ballot access petitions are a tax on candidates and should be abolished. He also critiques term limits as a "cosmetic solution to popular frustration".
Visit the Oklahoma Legislature Bill Tracking Intranet to track the status of HB 1429, the 2004 Ballot Access Reform bill (HB 1429 died in the Rules Comm.).
Minnesota created another method for a political party to gain recognition and so now it can be done one of three ways, according to Ballot Access News. One method, a 5% petition like the requirement in Oklahoma, is so difficult it has never been used.
The Supreme Court rules against the OKLP, an article from the national Libertarian Party. Additional commentary from Okiedoke and a as well as an editorial cartoon from the Daily Oklahomanwritten editorial from the same paper.
Press Release: Libertarians see silver lining in Supreme Court ruling.
Ballot Access News reports on the decision against the OKLP by the US Supreme Court. The First Amendment Center provides additional analysis on the decision.
Congress attempts to Kill the "Third-Party Threat".
Why was Oklahoma ballot access made so restrictive? In 1968 the American Independent candidate received 20.3% of the Oklahoma vote. Concerned state politicians voted to restrict third party access in 1974, perhaps fearing the results of weak Democratic support in 1976 (George McGovern, ended up with only 24% of the Oklahoma vote). See the 1976 court case when American Party presidential candidate, Thomas Anderson, challenged Oklahoma's laws tailored to keep Oklahomans from exercising voter choice.
Some reasons to support change to Oklahoma's Ballot Access Law
Strengthens citizens right to cast a vote and their freedom to associate to advance political beliefs protected by the First and Fourteenth Amendment.
Of the 2,098,750 registered voters only 1,234,229 (59%) voted for a presidential candidate. Easier party and candidate access will result in more citizen participation.
100,000+ signed petitions for the Libertarian, Reform, and Green Parties to be on the ballot. Oklahomans want third party candidates on the ballot.
48,740 people voted for a 3rd party Congressional Candidate. These 48,740 people should be given easy access to vote for the candidate of their choosing by giving parties and candidates easy access.
Third parties help bring hot issues (important but uncomfortable) to the public for democrat debate.
More parties will help end polarization of political dialogue.
Open dialogue on the issues will help the State grow. History has amply proved the virtue of political activity by minority and dissident groups, which innumerable times have been the vanguard of democratic thought and whose programs were ultimately accepted.
Third parties have been a major force behind policy innovations, including direct election of senators, women's suffrage, eight hour work week, child labor laws, federal farm aid and the graduated income tax.
Transfer power from lobbying/special interest groups to citizens.
Founding father, James Madison's argument: that a great variety of political interests and religious sects would, through their own activities, protect the nation from tyrannical impulses is still valid today and it applies to Oklahoma.
Money flow into the State, TV, radio, newspapers, hotels and restaurants by more candidates campaigning in the state.
Save Oklahoma State money by not having to count huge number of ballot pages and signatures at State and County Election Boards.
Change the status of Oklahoma from "having the most restrictive ballot law in the US".
Bring rules in line with neighboring states, and states with similar Electoral College votes.
Limits of Term Limits
(5/29/06, Unpublished Letter to The Oklahoman)Many citizens are frustrated with legislators. But terms limits, are, at best, a cosmetic solution to popular frustration.
The dominant political parties control who, when, where and how citizens can vote. Legislators "think they own the position" because their parties do. Term limits give parties greater control over legislators and candidates. Term-limited legislators dare not challenge the party leaders even if they are so inclined. This could be the real objectives of term-limits - defuse popular discontent and tighten partisan control at the same time. There are better solutions.
Term limits leave gerrymandering, which captures territorial control over voters, untouched. Instead, voters should be free to choose which representation district they vote in and escape being forced into a political association, district, not of their own choosing.
Terms limits do not spread representation more widely and therefore closer to the people. Freezing the number of representatives while the population increases diminishes the individual voter's power. Minorities can be simply swamped into gerrymandered districts composed of ever larger numbers of voters. For example, the size of the U.S. House of Representatives has not increased since 1910.
Terms limits cannot open up the ballot to wider voter choice. Voters can only choose from the candidates offered to them on a ballot controlled to perpetuate a choice between only Democrats and Republicans. Ballot access petitions are a tax on candidates. No more taxation by petitioning for candidates. Oklahoma is just about the worst in the nation. Abolish ballot petitioning.
D. Frank Robinson
Oklahoma City
The original letter (Oklahoman 5/28/06, excerpt): Eight years and you're out of office. For many years issues such as Social Security reform, illegal immigration, fuel pricing, high taxes and numerous issues have failed to motivate our leaders to act sensibly....strict term limits will ensure that they'll act...rather than be concerned only about party politics or individual glory....Let's restrict every political office to only two terms of four years each....People who've been in office more than ten years think they own the position.
Steven Vail
County judge denies Libertarian election qualification bid for 2004
by Associated Press 7/1/2004An Oklahoma County judge has denied a request by the Libertarian Party for an order to qualify for party status for the fall elections.
James Linger of Tulsa, attorney for the group, had sought a temporary restraining order that would have had the effect of blocking the July 27 primary, said Michael Clingman, state Election Board secretary.
Linger argued that Oklahoma law is too restrictive and the situation was exacerbated by a law change that shortened by one month the time allowed for collecting signatures of voters to qualify as a third party.
District Judge Bryan Dixon wasn't persuaded, however, and said the 10th U.S. Circuit Court of Appeals, in a 1988 case, had already given its approval to a state law that requires third parties to collect valid signatures from 5 percent of those voting in the last general election.
"The request for a temporary injunction is denied," Dixon said. "You have no likelihood of success in this matter."
Dixon said the loss of one month to collect signatures was not significant enough for the Libertarian Party to prevail in its petition.
Wellon Poe, assistant attorney general, presented evidence that the Libertarian Party turned into the state Election Board on April 30 about half of the 51,181 signatures needed to qualify for party status, according to a report from The Associated Press.
Clingman testified that he informed the group that it did not meet the 5 percent requirement in state law prior to a May 1 deadline.
Allowing the party to field candidates for next month's primary would require that the judge cancel the election and schedule a special election, Clingman said.
He said absentee ballots were being sent out this weekend to military personnel overseas to comply with federal requirements of "a month of transit time" to ensure those votes have time to be returned and counted.
Richard Winger of San Francisco, editor of a political newsletter, testified that Oklahoma has the most restrictive law in the country on allowing ballot access to a new party.
D. Frank Robinson of Oklahoma City testified of being hampered by the weather in attempts to collect voter signatures on behalf of the Libertarian Party.
Libertarian Party of Oklahoma put on the 1984 ballot
US District Judge West said Oklahoma's ballot access law is "more severe" than in any other state, violates the Libertarian Party's First Amendment right of political association, as well as the Equal Protection Clause of the 14th Amendment.Briefs Submitted in the Oklahoma Ballot Access Case, April 2006
From Feb. 2006 Ballot Access NewsRecently, Congressional Quarterly published America Votes 26, Election Returns 2004, by Rhodes Cook. Page 9 of this 480-page reference book contains an unusually clear piece of evidence that illustrates how repressive Oklahoma ballot access laws for president are. Congressional Quarterly has kindly given permission to reprint page 9, and is available here as a .pdf
The chart shows the number of votes cast for president in November 2004 in each state, for President Bush, for Senator Kerry, and for all other presidential candidates. Note that the Oklahoma "other" entry is zero. Oklahoma in 2004 was the first state since 1972 in which no votes were cast for anyone other than the two major party presidential candidates. This can be verified by looking at other pages in the same book, which include all elections back to 1960.
This is expected be be a prominent exhibit in the pending Libertarian Party lawsuit against Oklahoma. That lawsuit is based on the Oklahoma Constitution, which mandates that elections be "free and equal".
Congress Attempts to Kill the "Third-Party Threat"
www.lp.org/media/article_284.shtmlProposed Legislation Creates Treasury-Funded Campaigns for the Two Major Parties, Leaving Third Parties with No Means to Run
(Washington, D.C.) On February 1, congressional Democrats, led by Rep. Obey of Wisconsin, introduced a bill, H.R. 4694, that would end viable, third-party competition in races for the U.S. House of Representatives.
The bill, ironically named the "Let the People Decide Clean Campaign Act," would mandate public funds (taken from the U.S. Treasury) to candidates for the House of Representatives and forbid candidates from taking private funds such as contributions from individual donors.
The ambiguously-written bill provides funds for candidates of the "two major parties" but essentially scuttles any campaign efforts of third-party or independent candidates.
For third-party candidates to be eligible for the same funds that Republicans and Democrats would receive, they would have to obtain enough signatures to exceed 20% of votes cast in the last election within their district.
The catch under the proposed legislation is that third-party or independent candidates cannot pay petitioners to collect any signatures, making it impossible to fund their campaigns.
H.R. 4694 is yet another attempt by our politicians in office to shut down Libertarian Party candidates and other competitive third-party and independent campaigns.
"The Republican and Democratic parties exist to maintain power for their own benefit. The Libertarian Party exists to grasp power for the benefit of the nation," stated Shane Cory, chief of staff for the Libertarian Party. "American voters are waking up to this reality, and as they do, the two parties are trying everything within their power to shut us down."