Libertarians and other political third-parties will soon find out if fairness in federal courts extends to political third-parties, or is fairness confined to major party candidates. The answer will establish the degree of loyalty each branch of government has to political parties over the Constitution.
On the week of February 10, 2020 the U.S. Court of Appeals for the 11th Circuit, will hear argument in Jacobson v. Lee. This case is on appeal from a district court ruling that held unconstitutional a Florida statute that granted top ballot position to all candidates of the Governors political party. In Florida there has been a Republican Governor since 1998.
The Democrats argue that granting the top spot on all ballots to Republicans gives them an electoral advantage. Expert evidence at trial established that first listed candidates have gained an average electoral advantage of five percentage points due to ballot position. Since Governor Scott was elected in 2010 by a 1.2% margin and in 2018 Governor DeSantis won with only a 0.4 % margin, ballot position determined the outcome of both races.
In down-ballot races, the effect gives a 3.1% to 5.6% advantage to top spot candidates.
In Jacobson, the lower court found the impact of ballot placement based on the outcome of the last Governors race to be a denial of equal protection and discriminatory because it selects ballot position based solely on party affiliation.
The lower court offers solutions; at least 29 states either rotate or randomize the order of candidate names in general elections to neutralize the effects of position bias. For example, Ohio requires candidate ballot position be rotated from one precinct to another. Hawaii requires candidates be in alphabetical order. Colorado arranges candidate ballot position by lot, however, it undercuts its neutrality by dividing the candidates into two groups: major party and minor party candidates.
Jacobson is important to every minor party. For decades minor parties have fought merely to secure ballot access. A few have gained access in many states, but usually not all states. Now, minor parties have evidence that ballot placement is a critical matter once ballot access is secured.
Rigging elections occurs in many ways, not just intimidation and fake news. Denying fair ballot position also manipulates votes. The impact of these discriminatory actions is to limit the votes received and the fundraising potential of minor parties, while denying attention to their ideas.
Many articles ago, I addressed the monopoly the two major parties have over our political system.
The two major parties manipulate election laws to ensure one of their loyalists almost always wins the election. Controlling who wins directly translates into what laws are enacted, which citizens or corporations receive subsidies, who is taxed more or taxed less, how commerce is regulated and who will judge us should we violate any command.
According to an article in the Daily Kos ,there are 519,682 elected officeholders in the United States. Of this total, the Libertarian Party, in 2017, claims 168 of these officeholders; the Green Party in 2016 held 143 offices, and the Constitution Party holds 12 offices. Many of these positions are non-partisan offices. There are also, at least 26 Independent office holders, including 2 U.S. Senators who caucus with the Democrats, and 26 Democratic Vermont Progressives. A basic calculation places the third-party competitors share of the political market at 0.0006754%; almost zero.
What makes the power of the major parties so baffling is that political parties are not mentioned in our Constitution. Political parties are merely groups of individuals who organize to control government. In fact, for the first several years of our Republic, there were no political parties. Moreover, the major parties maintain complete control of the political marketplace against the fact that 57% of Americans believe a third political party is needed, according to a Gallup poll.
Again, I ask: does judicial fairness apply to minor political parties?
It may not, but the ballot position cases offer clear evidence of discriminatory impact on minor parties and open up a new line of attack for minor parties to seek fairer elections and greater voter participation.
A November 1, 2019 report in Ballot Access News illustrates how discriminatory our electoral system is against minor parties. It found [t]he U.S. Supreme Court has refused to hear every election law cert. petition presented by a minor party or independent candidate starting in 1992, unless the Republican Party or the Democratic Party was also a party to the same case.
Action
Since Jacobson is only a dispute between the major parties, both having a great stake in the outcome, it is likely to be resolved by the Supreme Court. This gives the minor parties a chance to file Friends of the Courts briefs to educate the court on the plight of minor parties in ballot cases and the impact of discrimination on the voice of voters.
Party affiliation should not guarantee a 3.1% to 5.6% vote advantage to the two major parties; they have legislated themselves too many electoral advantages. Elections are for citizens to elect their representatives, not for political parties to control the nation.
Here is the original post:
Will SCOTUS Hearing on Ballot Position Apply to Minor Political Parties? - The Libertarian Republic
- Opinion | 100 Days of Javier Milei - The New York Times - March 27th, 2024 [March 27th, 2024]
- Robert F. Kennedy Jr. flirts with the Libertarian nomination - POLITICO - March 27th, 2024 [March 27th, 2024]
- RFK Jr. in talks to run on the Libertarian Party ticket to ease ballot challenges - Washington Examiner - March 27th, 2024 [March 27th, 2024]
- One Hundred Days of Libertarian Populism in Argentina - The American Conservative - March 27th, 2024 [March 27th, 2024]
- Bylaws and Rules Committee and Platform Committee Survey (Part One) - Libertarian Party - March 27th, 2024 [March 27th, 2024]
- When Will the Libertarian Party Have Its Moment? - Econlib - March 27th, 2024 [March 27th, 2024]
- RFK Jr. in talks to run on the Libertarian Party ticket to ease ballot challenges - Colorado Springs Gazette - March 27th, 2024 [March 27th, 2024]
- RFK Jr. aligned with the Libertarian Party on capitalism stance - NewsNation Now - March 6th, 2024 [March 6th, 2024]
- RFK Jr. fuels talk of switching to the Libertarian Party - Fox News - March 6th, 2024 [March 6th, 2024]
- RFK JR still flirting with Libertarian Party run? Third parties seek ballot access - The Hill - March 6th, 2024 [March 6th, 2024]
- RFK Jr. sparks speculation of switch to Libertarian Party for greater ballot access - Washington Examiner - March 6th, 2024 [March 6th, 2024]
- Nate Silver: Libertarians Are the Real Liberals - Reason - March 6th, 2024 [March 6th, 2024]
- Even immigration is no free lunch - Washington Examiner - March 6th, 2024 [March 6th, 2024]
- Interview with NC Libertarian governor candidate Shannon Bray - Fox Carolina - March 6th, 2024 [March 6th, 2024]
- Libertarians Call for 'Food Freedom' in Response to Amos Miller Farm Search - Lancaster Farming - March 6th, 2024 [March 6th, 2024]
- Where Does the Term Libertarian Come From Anyway? | Jeffrey A. Tucker - Foundation for Economic Education - March 6th, 2024 [March 6th, 2024]
- Here are the 10 Libertarian candidates in the 2024 NC Presidential Primary - Fox Carolina - March 6th, 2024 [March 6th, 2024]
- 2024 Presidential Primary Information: Ballots Have Other Races, See Where to Vote - Watertown News - March 6th, 2024 [March 6th, 2024]
- Argentina's libertarian President Milei warns parliament that he will govern 'with or without' political support - Le Monde - March 6th, 2024 [March 6th, 2024]
- Madison County Introduces First-Ever Libertarian Primary on Super Tuesday - BNN Breaking - March 6th, 2024 [March 6th, 2024]
- Musician and libertarian writer who works for 'The Blaze' arrested on Jan. 6 charges - NBC News - March 6th, 2024 [March 6th, 2024]
- RFK Jr. says he didn't read Alabama IVF ruling, won't say when life begins - The Washington Post - February 26th, 2024 [February 26th, 2024]
- Argentina touts libertarian social justice to Blinken before Javier Milei visits CPAC - Washington Examiner - February 26th, 2024 [February 26th, 2024]
- Robert F. Kennedy Jr.'s Delicate Dance: Navigating Reproductive Rights and Libertarian Principles - BNN Breaking - February 26th, 2024 [February 26th, 2024]
- Javier Milei and the Spanish Tradition of Liberty - Quillette - February 26th, 2024 [February 26th, 2024]
- The Weekly Wrap: Poilievre proves hes more than a live-and-let-live libertarian - The Hub - February 26th, 2024 [February 26th, 2024]
- Why have authoritarianism and libertarianism merged? A political psychologist on 'the vulnerability of the modern self' - The Conversation - January 5th, 2024 [January 5th, 2024]
- Argentina's Javier Milei what are his plans and will they work? - MoneyWeek - January 5th, 2024 [January 5th, 2024]
- Tucker Carlson Issues Scathing Indictment of 'Libertarian Economics' - Reason - December 20th, 2023 [December 20th, 2023]
- Tucker Carlson: "Libertarian Economics Was A Scam Perpetrated By The Beneficiaries Of The Economic System" - RealClearPolitics - December 20th, 2023 [December 20th, 2023]
- A Legacy of Resistance to Unjust Taxation - Libertarian Party - December 20th, 2023 [December 20th, 2023]
- The Croatian Invasion of the Micronation of Liberland - Reason - October 9th, 2023 [October 9th, 2023]
- As RFK Jr. Readies an Announcement Monday, Speculation Is ... - The New York Sun - October 9th, 2023 [October 9th, 2023]
- The libertarian think tank that helped build the 'No' case - The Saturday Paper - October 9th, 2023 [October 9th, 2023]
- Fox Chapel Area voters will choose among two candidates for District 3 school board seat - Yahoo News - October 9th, 2023 [October 9th, 2023]
- Far-right party may hold keys to next Polish government, sets tone in talks with Ukraine - Yahoo News - October 9th, 2023 [October 9th, 2023]
- Aella: Is Porn Too Pervasive? - Reason - October 9th, 2023 [October 9th, 2023]
- Massie: McCarthy Speakership Showdown a 'Referendum' on ... - Reason - October 9th, 2023 [October 9th, 2023]
- ESPN's Pablo Torre explains how Harvard classmate Vivek Ramaswamy was 'That Guy' in school - Yahoo News - October 9th, 2023 [October 9th, 2023]
- DeFi has not followed through on its privacy promises yet - Blockworks - October 9th, 2023 [October 9th, 2023]
- At 50, 'The Machinery of Freedom' Remains an Anarcho-Capitalist ... - Reason - October 9th, 2023 [October 9th, 2023]
- Building the World's First Private Libertarian City - Reason - July 13th, 2023 [July 13th, 2023]
- Libertarian candidates say they were not asked for money to run - Buenos Aires Herald - July 13th, 2023 [July 13th, 2023]
- David Schmidtz and My Dad on Asking the Right Questions - Econlib - July 13th, 2023 [July 13th, 2023]
- Indiana governor's race grows more crowded with addition of ... - The Statehouse File - July 13th, 2023 [July 13th, 2023]
- Revealed: The EU lobbying of the so-called 'Consumer Choice Center' - EUobserver - July 13th, 2023 [July 13th, 2023]
- Why do voters have to pick a Republican or a Democrat in the US? - kinyradio.com - July 13th, 2023 [July 13th, 2023]
- Review: Choose Your Own Adventure in 'American Futures' Book - Reason - July 13th, 2023 [July 13th, 2023]
- Twitter users slam Kamala Harris for airplane bathroom demand amid the ongoing border crisis: 'Really?' - Yahoo News - July 13th, 2023 [July 13th, 2023]
- Fundraisers revel in gutted N.J. pay-to-play law - POLITICO - July 13th, 2023 [July 13th, 2023]
- Utah Gov. Spencer Cox wants to spare kids from their phones - Salt Lake Tribune - July 13th, 2023 [July 13th, 2023]
- Kari Lake in Tucson: "I'm actually eyeing the Senate race" - KGUN 9 Tucson News - July 13th, 2023 [July 13th, 2023]
- Q&A with Gary Swing | Veteran minor party candidate advocates for ... - coloradopolitics.com - July 13th, 2023 [July 13th, 2023]
- Jonah Goldberg: A NeverTrumper's Take on the 2024 Election - Reason - July 13th, 2023 [July 13th, 2023]
- Gov. Lombardo one of few republicans to sign abortion protections ... - KTNV 13 Action News Las Vegas - June 2nd, 2023 [June 2nd, 2023]
- Review: 'Land and Liberty' Charts Henry George's Influence - Reason - June 2nd, 2023 [June 2nd, 2023]
- Polish ref cleared of wrongdoing, will take charge of Champions ... - TVP World - June 2nd, 2023 [June 2nd, 2023]
- The Taliban 20's McCarthy Red Line - Puck - June 2nd, 2023 [June 2nd, 2023]
- Morris: Property: Imagine it anew - Greenfield Daily Reporter - June 2nd, 2023 [June 2nd, 2023]
- Weekend Reading on Women's Representation: Stereotypes Can ... - Ms. Magazine - June 2nd, 2023 [June 2nd, 2023]
- Fox Business Shuts Down Kennedy, Will Replace With Kudlow Reruns - Yahoo Entertainment - June 2nd, 2023 [June 2nd, 2023]
- The 11th commandment | News | vcreporter.com - Ventura County Reporter - June 2nd, 2023 [June 2nd, 2023]
- The Long Afterlife of Libertarianism - The New Yorker - May 31st, 2023 [May 31st, 2023]
- Can McCarthy Pass the Debt Deal and Keep His Job? - The New York Times - May 31st, 2023 [May 31st, 2023]
- McCarthy-Biden Debt Limit Deal Clears First Hurdle in Key House ... - The New York Sun - May 31st, 2023 [May 31st, 2023]
- Libertarian Party of Wisconsin: Libertarians to voters: Let's go ... - WisPolitics.com - April 25th, 2023 [April 25th, 2023]
- How the pandemic challenged libertarianism | Canada's National ... - Canada's National Observer - April 25th, 2023 [April 25th, 2023]
- Colorado falls to 43rd in national highway ranking - The Durango Herald - April 25th, 2023 [April 25th, 2023]
- Are We Stuck In a Plutocratic Formal Organization? An Analysis of ... - Trincoll.edu - April 25th, 2023 [April 25th, 2023]
- Why Is Tucker Carlson Leaving Fox News? - Reason - April 25th, 2023 [April 25th, 2023]
- Despite SCOTUS Ruling Limiting Its Authority, EPA Tries To ... - Reason - April 25th, 2023 [April 25th, 2023]
- Biden's "freedom" pitch and the coming political realignment - The.Ink - April 25th, 2023 [April 25th, 2023]
- Informal dollar reaches AR$497, Fernndez and Massa blame ... - Buenos Aires Herald - April 25th, 2023 [April 25th, 2023]
- Crack-Up Capitalism by Quinn Slobodian review the economic anarchy of Liz Trusss dreams - The Guardian - April 25th, 2023 [April 25th, 2023]
- 2024 Libertarian Presidential Candidates - Who's Running in 2024? - March 2nd, 2023 [March 2nd, 2023]
- 5 things the Libertarian Party stands for | The Hill - February 18th, 2023 [February 18th, 2023]
- Most Libertarian States 2022 - worldpopulationreview.com - December 25th, 2022 [December 25th, 2022]
- Gun Ownership | Libertarian Party - December 25th, 2022 [December 25th, 2022]
- Libertarian Party | History, Beliefs, & Facts | Britannica - December 18th, 2022 [December 18th, 2022]
- The Education of a Libertarian | Cato Unbound - December 18th, 2022 [December 18th, 2022]