State of Elections

William & Mary Law School | Election Law Society

Tag: Gary Johnson

New York, Fusion Voting, and Gary Johnson – What’s an Independence-Libertarian to do?

By: Caiti Anderson

There is no state quite like New York – and not many election laws quite like New York’s, either. As one example, only New York and six other states permit fusion voting. On a fusion ballot, a candidate can be listed as candidate for more than one party. Fusion voting, as noted the 1997 Supreme Court decision of Timmons v. Twin Cities Area New Party, had its heyday during the Gilded Age. Political parties, rather than governmental entities, distributed their own ballots to voters but did not affirmatively tell voters what other parties endorsed the same candidate(s) they supported. Thus, Candidate Smith could be supported by both the Granger and Republican parties, but those who voted the Granger ballot would not necessarily know from the ballot the Granger party handed them that the Republican Party also supported Smith.

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The Battleground 2012: Whose [Presidential Ballot] Line Is It Anyway?

by Grant McLoughlin

The new national party Americans Elect was able to achieve ballot access in Oklahoma for the 2012 presidential election even though its bid to put a national third party presidential candidate on the ballot in all fifty states fizzled. Oklahoma has one of the strictest ballot access laws in the nation. Title 26 § 1-108 requires new parties seeking ballot access to submit petitions of registered voters equal to 5 percent of the total votes cast in the most recent general election. This creates a significant barrier for new parties wishing to stand for election in Oklahoma. In 2008 Oklahoma only had two choices, Democratic and Republican candidates. By having more choices voters are able to vote for candidates that best reflect their views.

This year the party Americans Elect was able to qualify in all states due in large part to well financed organization. The problem in Oklahoma, as in other states, is that Americans Elect failed to nominate a candidate for its hard-won slot as a third party on the ballot. As 2012 progressed and no candidate emerged, states began to wonder who would appear on the Americans Elect line on the ballot. Continue reading

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