{news} National Green Ballot Access Report - December 9, 2007(please forward)

[Tim McKee]

Phil Huckelberry <phil.huckelberry at gmail.com> wrote:  Date: Sun, 09 Dec 2007 02:23:08 -0600
To: natlcomvotes at green.gpus.org
From: Phil Huckelberry <phil.huckelberry at gmail.com>
CC: bac at gp-us.org
Subject: [usgp-nc] Ballot Access Report - December 9, 2007

The updated Ballot Access Report follows. The news is not good - but the 
situation can improve.

In 2007 we have gained only two ballot lines - Arkansas (by petition, made 
possible through a major bequest) and West Virginia (by affiliation). Half 
of the states which should have begun petition drives did not do so.

Increasingly I feel that in order to turn this situation around, GPUS must 
make a commitment to hire a Field Director who will work largely on the 
ballot access issue. This, in turn, would require a dramatic reversal of 
fundraising fortunes, which itself requires substantial participation from 
state parties and especially delegates to the Green National Committee.

We are so far behind pace right now in Georgia and North Carolina that we 
will have a very hard time collecting the required signatures there. These 
states have a combined population of around 17,000,000. Lose them both, 
and we can likely kiss the chances of our presidential candidate winning 5% 
of the national vote in 2008 goodbye.

The biggest litmus test coming up is Arizona, with a deadline of early 
March. If we lose Arizona, I believe it will cause a ripple effect and we 
will wind up losing the other 10-15 most difficult states as 
well. Arizona, of course, is one of the few places where you can continue 
to petition on a consistent basis throughout December and January without 
people fleeing from the weather.

You all are the leaders of this political party at the national level, and 
many if not most of you are also the leaders of this political party at the 
state level. How serious is your commitment to make 2008 a banner 
year? If the members of the Green National Committee will not commit to 
tackling the fundraising and ballot access issues, who will?

We can turn this around, but we've got to work together, and that means 
we've got to *work*. Let's get some people talking about making things 
happen. Let's bury the destructive tripe we've been subjected to on these 
lists with positive, affirming discussion about how to actually make a 
difference in building the party up. And let's not wait. Every week that 
goes by without anything being done on the ballot access front makes it 
that much harder for us to accomplish what we should be able to accomplish 
in 2008. Let's come together, get this ship righted, and get our 
presidential nominee on the ballot throughout this country.

Phil Huckelberry
Co-Chair, GPUS
Co-Chair, BAC
Delegate, Illinois


GREEN PARTY OF THE UNITED STATES
BALLOT ACCESS REPORT
PREPARED BY THE GPUS BALLOT ACCESS COMMITTEE
DECEMBER 9, 2007

GENERAL SUMMARY

Note: District of Columbia is referred to as a state throughout, so for 
the purposes of this report, there are 51 states. In addition, information 
is included about Guam and Puerto Rico, although very little is known about 
them.

As of January 1, 2004, the Green Party had ballot access in 23 states. We 
lost ballot access in seven states in 2004: Connecticut, Massachusetts, 
Minnesota, Montana, Nebraska, Rhode Island, and Utah. The status of the 
Alaska ballot line wound up in court.

As of January 1, 2005, the Green Party had ballot access in 15 
states. These are: California, Colorado, Delaware, District of Columbia, 
Florida, Hawai'i, Maine, Maryland, Michigan, Mississippi, New Mexico, 
Oregon, South Carolina, Vermont, and Wisconsin.

As of January 1, 2007, the Green Party had ballot access in 19 
states. These are the same 15 as in 2005 minus Hawai'i, with the additions 
of Illinois, Louisiana, Massachusetts, Nebraska, and Nevada

As of December 1, 2007, the Green Party had ballot access in 21 states, 
having added ballot lines in Arkansas (via petitioning) and West Virginia 
(via affiliation of the Mountain Party). It is anticipated that 21 will be 
the number of ballot lines as of January 1, 2008.

Because of differing ballot laws from state to state, "having ballot 
access" in a state may not always mean the same thing. In general, 
throughout this report, "having ballot access" refers to having a 
guaranteed ballot line for President. Usually in a state where we have a 
guaranteed presidential ballot line, we have a guaranteed ballot line for 
all partisan offices throughout the state, but this is not always the case.

The emphasis in this report is on state-level ballot access. Since some 
states have mechanisms for ballot access at smaller jurisdictional levels, 
relevant information is included for those states. This report presumes 
that in evaluating ballot access goals at the national level that 
presidential lines will not be the only consideration, and that it is 
possible that there might be coordination directly between local groups and 
the national party.

Much of the information included in this report comes from Richard Winger 
and Ballot Access News.

All information in this report is subject to change and revision. This 
report is designed to present mostly basic factual data with some limited 
analysis. More thorough analysis may be available from the Ballot Access 
Committee in the form of other papers.

ALABAMA

Contact(s): Matthew Hellinger
GP Ballot Access? No

The signature requirement for minor parties and non-presidential statewide 
independents is 3% of the last gubernatorial vote, which is 37,513 for 
2008. The current requirement for an independent presidential line in 
Alabama is 5,000 signatures. The 11th Circuit recently upheld these 
requirements, but the case has gone to the Supreme Court where it is 
expected to be heard.

Party petitions are due June 3, 2008. Independent petitions are due 
September 8, 2008.

ALASKA

Contact(s):
GP Ballot Access? No

In 2006, a Green Party lawsuit regarding the state's definition of "party" 
lost in the Alaska Supreme Court, but then the legislature made the 
definition worse, and that suit is still in lower court. The original suit 
wanted the test for continuing party status to be 3% of any statewide 
office instead of just the highest office. However, in 2006, the Green 
Party did not win 3% in any statewide race, so even a victory in the 
current lawsuit would not restore ballot access.

Regaining party access requires registering 7,124 members, but GPAK is only 
at about half that and it is not clear what work is being done there. The 
other method is a candidate petition, which would require 3,128 signatures, 
and which is due August 6, 2008.

ARIZONA

Contact(s): Claudia Ellquist (Pima County), Richard Scott (Maricopa County)
GP Ballot Access? No

Petitioning is pegged to a percentage of the vote. The party needs 20,449 
signatures. The window is open and the deadline is very early, March 6, 
2008. The independent method actually requires slightly more 
signatures. Because of the early deadline, Arizona should be considered 
our #1 priority at this time.

After becoming ballot-qualified, a party can retain ballot status through 
partisan registration if within one year it reaches 2/3 of 1%. Ballot 
access was achieved in 2000 but little to no attempt was made to 
aggressively pursue registrations to maintain that access. The vast 
majority of the state's population is in two counties, Pima (Tucson) and 
Maricopa (Phoenix), and the locals for those areas are working 
semi-autonomously on the ballot drive, so it is wise to consult with both 
about ideas.

As of December 1, 2007, AZGP had collected an estimated 7,500 signatures 
for 2008.

ARKANSAS

Contact(s): Mark Swaney 
GP Ballot Access? Yes

1,000 signatures are needed for the presidential ballot line. 10,000 
signatures are needed for statewide ballot access. A new Arkansas law 
creates a floating 60 day window with an overall August 2008 deadline.

GPAR was able to successfully complete the party petitioning requirement in 
2007. This was accomplished largely due to a received bequest which 
allowed for hiring of paid petitioners.

The ballot line is retained by receiving 3% in a statewide race.

CALIFORNIA 

Contact(s): Larry Cafiero
GP Ballot Access? Yes

Ballot access in California is secured through voter registration numbers 
and success in statewide elections. A state-sponsored primary will be held 
on February 5, 2008.

COLORADO

Contact(s): Brian Herzfeld, Bruce Meyer
GP Ballot Access? Yes

The ballot line is secured by voter registration, with 1,000 members needed 
and about 5,000 Greens currently registered.

CONNECTICUT

Contact(s): Mike DeRosa 
GP Ballot Access? No

7,500 signatures are required for a statewide candidate, including 
President. There is no process for full-party status. According to 
Richard Winger, a party can only qualify for ballot access for individual 
offices. Deadline is August 6, 2008, petitioning window does not open 
until 2008. The threshold to hold access is 1% of the vote, and that 
threshold is office-by-office.

DELAWARE

Contact(s): None
GP Ballot Access? Yes

The ballot line is held through registration numbers, but the numbers are 
not available.

DISTRICT OF COLUMBIA

Contact(s): Joyce Robinson-Paul 
GP Ballot Access? Yes

The ballot line was secured by gaining enough votes in an at-large DC city 
office race. DC is participating in a state-sponsored primary on February 
12, 2008.

FLORIDA

Contact(s): GPFL Secretary
GP Ballot Access? Yes

The party must simply be organized as part of a national party holding a 
national convention in order to have a ballot line in Florida.

GEORGIA

Contact(s): Nan Garrett, Harry Rezzemini 
---------------------------------

GP Ballot Access? No

44,089 signatures are required for state-level party access – meaning only 
for President and Senate – with a deadline of July 8, 2008. The 
petitioning window opened in April 2007.

It is estimated that a comprehensive ballot drive might cost 
$80,000. Access is held with a vote total of 1% of registered voters in 
the state. There is significant interest from COFOE in this potential 
ballot drive because of the opportunity it would provide to file suit 
against the State of Georgia for other restrictive elements of their ballot 
law. On the whole, Georgia's ballot access laws are considered the worst 
in the country, and therefore the most liable to be found unconstitutional 
using an equal protection test.

As of December 1, 2007, GAGP has collected an estimated 3,000 signatures 
for 2008.

GUAM

Contact(s): John Dansgraff 
GP Ballot Access? N/A
Note: Guam does not have an affiliated or recognized Green Party at this time.

HAWAI'I

Contact(s): Jim Brewer
GP Ballot Access? No

The statewide party requirement is 663 signatures (0.1% of registered 
voters). The deadline is April 19, 2008, and the window is open. Richard 
Winger reports that this is being worked on, but no information has been 
available from GPHI.

IDAHO

Contact(s): Robert McMinn 
GP Ballot Access? No

5,984 are needed for a statewide independent candidate in 2008; 11,968 
signatures for the party. The deadline is August 29, 2008. The window 
opened on August 29, 2007. Idaho will need significant outside support 
whichever path they choose, as their contact has moved to New York and 
there is little party infrastructure remaining.

The Idaho Election Code is available at 
http://www.idsos.state.id.us/elect/elec_law_06.pdf.

ILLINOIS

Contact(s): Phil Huckelberry 

GP Ballot Access? Yes

Ballot access was secured for 2008 and 2010 by virtue of securing 5% of the 
vote for Governor in 2006. A state-sponsored primary will be held on 
February 5, 2008.

INDIANA

Contact(s): Bill Stant 
GP Ballot Access? No

Indiana access is pegged to 2% of the number of votes cast in the last 
election for Indiana Secretary of State. Richard Winger provides an 
estimate number of 32,742. The window is already open, and the deadline is 
June 23, 2008. The petition is for a candidate, not for a party. INGP to 
date has not prepared a petition for 2008.

IOWA

Contact(s): Holly Hart 
GP Ballot Access? No

1,500 signatures needed for a single statewide candidate; there is no 
petitioning mechanism for full statewide ballot access. The signatures 
must come from at least 10 different counties. Access is maintained by 
receiving 2% in either the gubernatorial or presidential race. The window 
is already open, with a deadline of August 15, 2008, but the low 
requirement usually compels them to wait until after the convention when 
the nominee will be known.

KANSAS

Contact(s): None
GP Ballot Access? No

5,000 signatures are needed for an independent candidate for 
President. For a party line, the number is pegged to a percentage; for 
2008, this number will be 16,994 signatures. Under Kansas law the 
signatures can be collected in any 180 day window preceding an election, 
with an August 4, 2008 deadline.

Ballot line retention is fairly easy once secured, but the Kansas Green 
Party has twice unsuccessfully petitioned and does not appear to have much 
energy to try again. Significant outside help is needed; they need GPUS to 
take the lead (they could not even identify a contact person.) Since the 
window is floating, it is best to start when the most good weather days 
will be incorporated, so the drive will probably begin in mid-February.

KENTUCKY

Contact(s): None
GP Ballot Access? No
Note: There is no GPUS-affiliated state party in Kentucky.

5,000 signatures are required to secure a presidential line in 
Kentucky. The deadline is September 2, 2008. The window opened on 
November 7, 2007.

LOUISIANA

Contact(s): Sean Clark 
GP Ballot Access? Yes

Ballot access is retained by having 1,000 registrants. The particular 
circumstances of Hurricane Katrina make Louisiana a state that should be 
monitored. Although the ballot line for 2008 seems to be secure, the 
likelihood is that enough registrants left Louisiana to pull us below 
1,000; the law seems to suggest that once a party becomes ballot-qualified, 
it may remain so indefinitely so long as it fields candidates. The 
relevant statute is online – 
http://www.legis.state.la.us/lss/lss.asp?doc=81575 – and may need some 
followup.

MAINE

Contact(s): Ben Chipman 
GP Ballot Access? Yes

Ballot access is maintained by performance in the Governor's race.

MARYLAND

Contact(s): Patsy Allen, Tim Willard
GP Ballot Access? Yes

Maryland reacquired ballot access in late 2006 by collecting 10,000 signatures.

MASSACHUSETTS

Contact(s): candidates at green-rainbow.org
GP Ballot Access? Yes

Massachusetts regained ballot access by receiving 3% in a statewide race in 
2006.

MICHIGAN

Contact(s): John La Pietra 
GP Ballot Access? Yes

Ballot access in Michigan can be maintained by achieving a certain 
percentage of the vote in any state-level race, including University of 
Michigan Regent, which is how they have held ballot access since 2000.

MINNESOTA

Contact(s): Danene Provencher 

GP Ballot Access? No

110,150 signatures are required for full state-wide access in 2008, but 
only 2,000 signatures are required for a single statewide office, so the 
latter approach would be used. 5% for President would retain ballot access 
for 2010.

MISSISSIPPI

Contact(s):
GP Ballot Access? Yes

A party need only be organized in Mississippi to secure a ballot line.

MISSOURI

Contact(s): Dee Berry 
GP Ballot Access? No

The signature requirement is a flat 10,000 with a July 29, 2008 
deadline. The window is already open, but no petition has been put 
together. PPMO has expressed significant burnout from past drives and feel 
they will need outside help.

MONTANA

Contact(s):
GP Ballot Access? No

5,000 signatures are required to secure access in Montana. The window is 
open, and the deadline is July 30, 2008. This is one of the few states 
which had a petition on the ground in 2007.

As of December 1, 2007, MTGP had collected an estimated 500 signatures.

NEBRASKA

Contact(s):
GP Ballot Access? Yes

Ballot access in Nebraska is secured by congressional district, not on a 
statewide basis. There are three congressional districts, and NEGP is 
qualified in all three, so is therefore on the ballot statewide.

NEVADA

Contact(s):
GP Ballot Access? Yes

Ballot access was secured by receiving 1% of the vote for Governor in 2006.

NEW HAMPSHIRE

Contact(s): Gerald Sykes (this should be checked)
GP Ballot Access? No
Note: There is no GPUS-affiliated state party in New Hampshire.

12,106 signatures are required for full party access; 3,000 signatures for 
a single statewide candidate. The window is open, with an August 6, 2008 
deadline. The lack of a state party makes starting early difficult, but 
help should be available from Maine.

NEW JERSEY

Contact(s): George DeCarlo
GP Ballot Access? No

There is no petitioning mechanism for securing statewide ballot access but 
only 800 signatures are required for a statewide candidate in 2008. The 
deadline is July 28, 2008 and the window is open.

The method for establishing statewide ballot access requires pulling 10% of 
all votes for all statewide Assembly positions. Assembly seats in New 
Jersey are elected in odd years.

NEW MEXICO

Contact(s): David C. Thompson 
GP Ballot Access? Yes

The ballot line was originally secured by petition and is maintained by 
vote totals. The NM Secretary of State recently issued a ruling that NMGP 
would hold its ballot line; there was some concern the line would be lost 
due to confusion over the intent of the law, but the ruling was favorable.

NEW YORK

Contact(s): Gloria Mattera 
GP Ballot Access? No

15,000 signatures are required to secure the presidential line in New 
York. The deadline is August 19, 2008, and the window is very short.

NORTH CAROLINA

Contact(s):
GP Ballot Access? No

North Carolina has the worst presidential ballot line restriction in the 
country based on raw numbers. 69,734 signatures are required, and it even 
takes 500 signatures to file as a write-in. The deadline is June 12, 2008, 
and the window is open. NCGP has been petitioning and seems to have a 
substantial number of signatures collected, but they will definitely need 
outside support.

There is a joint Libertarian-Green lawsuit active against the party 
requirement in North Carolina.

As of the last available report, NCGP has collected 14,000 signatures, but 
there are conflicting reports.

NORTH DAKOTA

Contact(s):
GP Ballot Access? No
Note: There is not a GPUS-affiliated state party in North Dakota.

7,000 signatures are required for statewide ballot access; 4,000 signatures 
for a single statewide candidate. The window is open; the candidate 
deadline is September 5, 2008, and the party deadline is April 11, 2008.

OHIO

Contact(s): Paul Dumouchelle 

GP Ballot Access? No

An independent presidential line requires 5,000 signatures. A law 
governing statewide access has been ruled unconstitutional, but the Ohio 
Secretary of State issued an advisory ruling which set the party petition 
at about 21,000 signatures. GPOH did not attempt to use this mechanism, 
however, and will wind up using the independent mechanism. The independent 
line has an August 21, 2008 deadline, and the window is currently open.

OKLAHOMA

Contact(s):
GP Ballot Access? No

Oklahoma has the most difficult presidential ballot line restrictions in 
the country: 46,324 signatures for a party line and 43,913 for an 
independent statewide candidate. The deadline is July 15, 2008 and the 
window is open. Oklahoma is only the 28th largest state, so this would be 
a monumental undertaking.

OBAR (Oklahomans for Ballot Access Reform) recently attempted to place a 
referendum on the statewide ballot but the effort failed due to onerous 
aspects of Oklahoma law, including criminal penalties for out-of-state 
circulating.

OREGON

Contact(s):
GP Ballot Access? Yes

Information has not been available, except that the ballot line is held.

PENNSYLVANIA

Contact(s): Bob Small 
GP Ballot Access? No

There is no statewide party line mechanism. Individual statewide 
candidates will need an estimated 24,000 signatures in 2008. The deadline 
is August 1, 2008; the window is not yet open.

GPPA and other parties have taken the Commonwealth to court and the case is 
still pending. A lot of work is being done via the Pennsylvania Ballot 
Access Coalition – www.paballotaccess.org.

Pennsylvania courts have ruled that candidates whose petitions are found to 
be short of the number of signatures required must repay costs to the 
people who got them thrown off the ballot. This means that it is vitally 
important that a drive in Pennsylvania get a significant overage.

PUERTO RICO

Contact(s):
GP Ballot Access? N/A
Note: There is no GPUS-affiliated Green Party operating in Puerto Rico.

RHODE ISLAND

Contact(s): Greg Gerritt 
GP Ballot Access? No

The signature threshold and vote test are both 5% in Rhode Island; these 
are the highest requirements in the New England states. The party needs 
18,557 signatures for a statewide line. A single statewide candidate needs 
1,000. The candidate deadline is September 5, 2008, with the window 
opening on July 1, 2008. The party window closes on May 30, 2008. They 
intend to use the candidate mechanism.

SOUTH CAROLINA

Contact(s): Gregg Jocoy
GP Ballot Access? Yes

South Carolina maintains the line by participating in an election in the 
preceding election year.

SOUTH DAKOTA

Contact(s):
GP Ballot Access? No
Note: There is not a GPUS-affiliated state party in South Dakota.

8,389 signatures are required for statewide access; 3,356 for a single 
state-level candidate. The deadline is August 5, 2008; the window is 
open. Richard Winger reports that South Dakota will not allow a "candidate 
swap", so petitioning for just the presidential line would not be able to 
happen until after the convention.

TENNESSEE

Contact(s): Martin Pleasant 
GP Ballot Access? No

Statewide ballot access requires 45,254 signatures. An independent 
presidential candidate can qualify through a strange method of having 11 
presidential electors each collect 25 signatures. This means that the 
signatures must be collected from separate congressional districts. The 
deadline is August 21, 2008.

Bills are pending in the legislature to lower the party petition to 2,500 
signatures and to allow new parties to nominate by convention. Richard 
Winger is hopeful that these bills will pass because of a controlling 
precedent in the 6th Circuit from the recent victory over Ohio law.

TEXAS

Contact(s): sec-contact at txgreens.org
GP Ballot Access? No

43,991 signatures, from registered voters who do not vote in the Republican 
or Democratic primaries, collected in a 75-day window, are necessary for 
ballot access in Texas. This is one of the hardest states in the country 
to secure a ballot line in because of the restrictions. There is not a 
lower threshold for individual candidates. The deadline is May 27, 
2008. Legislation may be taken up to deal with the "primary screen-out" 
issue which bars people who voted in the primary from signing such petitions.

UTAH

Contact(s): Tom King 
GP Ballot Access? No

The state ballot line requires 2,000 signatures with a February, 2008 
deadline; a single statewide candidate needs 1,000 with a September 2, 2008 
deadline. The party mechanism window is open.

As of December 1, 2007, GPUT had collected an estimated 500 signatures.

VERMONT

Contact(s): Jim Hogue <>
GP Ballot Access? Yes

Ballot access in Vermont is secured by organizing town meetings which will 
occur in October 2007.

VIRGINIA

Contact(s): Audrey Clement, Tom Yager
GP Ballot Access? No

There is no statewide party mechanism. 10,000 signatures are required for 
individual state-level candidates, with at least 400 signatures from each 
of Virginia's 11 congressional districts. The deadline is August 22, 2008; 
the window does not open until 2008.

WASHINGTON

Contact(s): wagreens at gmail.com
GP Ballot Access? No

There is no statewide party mechanism. 1,000 signatures are required for 
individual state-level candidates. The deadline is July 26, 2008; the 
window does not open until 2008. There are additional bizarre requirements 
under Washington law involving "nominating conventions" but this has not 
presented a challenge in past years.

WEST VIRGINIA

Contact(s):
GP Ballot Access? No

Gubernatorial elections are in presidential years; a gubernatorial 
candidate would have to be fielded in 2008 with 15,118 signatures 
required. Retention is 1% of the vote. The threshold for other offices is 
2%. The Mountain Party secured the line via their gubernatorial showing in 
2004.

WISCONSIN

Contact(s): Ron Hardy, Ruth Weill
GP Ballot Access? Yes

Wisconsin maintains the ballot line with 1% of the vote in any statewide 
race in a gubernatorial year.

WYOMING

Contact(s):
GP Ballot Access? No

3,868 signatures are required for a party line or for an independent 
candidate. The independent deadline is August 25, 2008; the party deadline 
is June 2, 2008; and the window for both is open.


APPENDICES

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***********************************************************************
  Tim McKee
  Manchester CT
  Home-860-643-2282
  Cell-860-778-1304
  Tim McKee, is a National Commitee member of the Green Party of the United States and is a spokesperson for the Green Party of CT.
  BLOG- http://TheBigGreenPicture.blogspot.com/

       
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