Posted on LP blog by Mark Meranta:
From the Free and Equal Elections Foundation:
September 9th, 2009- The Board of Elections in Suffolk County New York has ruled that the Libertarian Party candidates for three county offices will not be on the ballot come November.
This action by the Board of Elections means that voters will only see one candidate on the ballot in the races for District Attorney, Sheriff, and Treasurer. The local Democrat and Republican parties have cross-endorsed one candidate for each race.
"It is absolutely appalling that the voters in Suffolk County will have no choice on their ballot for these races," said Free & Equal Founder Christina Tobin. "The Democrat and Republican commissioners at the Board of Elections have determined that they alone have the ability to choose officers in Suffolk County, not the voters."
New York state petition law places tremendous burdens on Independent and Third Party candidates. The stringent requirements for nominating petitions stifle competition, and encourage bureaucratic interference. In the past, candidates have even been kicked off the ballot for little more than clerical errors.
Any individual voter can challenge the validity of a nominating petition in New York state. In Suffolk County on Long Island, the challenges came from Democratic Party operative and state committee member Rosemary Marchlowska.
To make matters worse, the Board of Elections of Suffolk County operated in near total secrecy.
The BOE refused to answer candidates’ questions, and only provided the information they were legally required to after a Freedom of Information Act request was filed.
The Board of Elections purposely ruled the slate off the ballot on Thursday, then refused to tell the candidates until Friday afternoon. This of course meant no action could be taken until after the long weekend.
"Unfortunately, the employees of the BOE in Suffolk county think they work for their Democrat and Republican masters. They don’t. They work for the voters of New York," Tobin said. "The actions of the Suffolk County Board of Elections are inexcusable. Hundreds of people signed a petition to see candidates other than the incumbents on their ballot. Now because of soviet-style partisan politics, they will be unable to vote for anything but the status quo."
The Free & Equal Elections Foundation remains committed to eliminating the onerous and archaic petitioning requirements that limit the choices of the voters of New York state.
There is never any trading involved. The cause is just; the case is made that passing the bill is a fair way to solve a voting rights problem. The election belongs to all citizens, not just citizens who support the Republican and Democratic Parties. Moral force is ultimately powerful. Think of the battle to abolish the slave trade in Great Britain.
So, a third party activist should start by asking a major party elected official to please sponsor their bill? And, then that person’s name will be on the bill. So, the minor party then lobbies and advertises that major party elected officials name?
I guess there are some minor parties that that strategy would work for. But, it seems like it starts right off the bat as a collaboration with the people who we battle against.
I would love to see how it worked in the other states. Who initiated the proposal? Are their distinct parties (partisan enrollment) in those states? Did a third party start it? Was anything traded? How has it worked for third parties down the road?
I noticed that two of the very successful Green Party places – California and Illinois – are not among your list of places where the lobby strategy worked. But, not sure if it was tried there.
Also, noticed that Maine is on the “tried it and succeeded” list, and I find a lot of their greens to be Democrat-cozy. I also think that in Alaska and Hawaii, splits caused the greens to be scattered largely to the winds for many years.
Minor party activists have persuaded state legislatures to ease the ballot access laws, voluntarily, in Alaska, Arizona, Arkansas, Colorado, Connecticut, D.C., Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming, since 1985. We have made more progress lobbying than with lawsuits during those years. Half the battle is finding a legislative sponsor. Surely some minor party activist is acquainted with some state legislator. Talk to that legislator. Get his or her agreement to sponsor the bill. Then when the bill is introduced, spend time talking to other state legislators. There have been many good ballot access bill introduced in the New York legislature, including this year’s session. The trouble seems to be that no one in New York goes on a campaign to get such bills passed.
Question for Richard Winger,
In thinking about this, tell me this:
There are no Green Party elected officials. There are no “real” third party officials.
If we tried to do the strategy of getting legislation passed, which elected official would we ask to sponsor it?
And, then as soon as we directly ask for something, and someone says they will present it for us, then aren’t we endorsing and cooperating with that elected official to get it through?
That is why an “independent third party” probably can’t do the project you are saying in New York.
Perhaps some activists, willing to align with a corporate, duopoly party.
Anyway…do you have a solution to this scenario: Where would one start? Who would one lobby?
What I am partly saying is…say that the Green Party of NYS thought of hiring a lobbyist…as the conversation began, there would be people thwarting it. If the proposal succeeded and they went to hire someone, someone would probably buy that person out.
I guess it is partly about understanding how much of an underdog you are. And, how tricky the pathways to what you want are. It would be a minefield to begin the project you are suggesting. And, the only way to win would be to dive into the political game of trading and compromise. We don’t have enough to trade. And, we have too many noble causes to start sacrificing some for the distant possibility of changing the law.
(But, of course you are welcome to try to get some third party here to try it. There’s not much I can do right now. I am a kind of wandering, lonely woman without a party.)
😉
I wish New Yorkers would go into more detail as to how they have tried lobbying for ballot access. If everyone constantly says “It’s hopeless”, then no one ever tries, and we never really know. There are plenty of other state legislatures that are also mostly run by the top leaders, but they have passed ballot access reform. In Oklahoma the minor parties hired a professional lobbyist. Has anyone thought of doing that in New York?
Thanks, Richard Cooper. Yes, I am sure people have tried at least a little to lobby the legislature…
To Richard Winger,
Unfortunately, as you may know, our most high-profile Albany green has a wife who worked for Eliot Spitzer, and now works for the state EPA under Governor Paterson.
New York is a pretty big place. It is usually not about “can one person rise to the occasion and do something.” In New York, it is usually about, how many bad guys, co-optors, and paid operatives are there to work against people who start to get things done.
And, yes, our state legislature is notoriously monolithic and draconian. It is difficult to imagine getting anything passed.
I also think, since things have been so bad, that some people fear opening up the window with new legislation. Whenever I have thought “maybe we should lobby for less than 15,000 signatures for Governor”, I have thought: “If someone puts up a proposal about signatures, someone will probably twist it so we end up needing more.”
RWinger 17
Nothing happens in the New York legislature that is not approved by the Speaker of the Assembly and the Senate Majority leader, currently both Democrats.
We have lobbied the NY legislature. It is a waste of time and energy.
Someone in New York state needs to do what Libertarian Ken Bush of Missouri did in 1990 and 1991. He hung around the State Capitol all the time the legislature was in session, and he talked to state legislators about ballot access. He single-handedly got a bill thru the legislature greatly improving ballot access. Isn’t there anyone in any minor party in New York who could live in Albany for most of the time (or all of the time) and do that? I never hear about minor party members actually trying to lobby the New York legislature.
Kim: she can relocate to the West Coast and feel right at home, altho public out cry does get things reversed in California …….
Don Lake, ballot access 1994
No.
When I said…“I know the Suffolk County Board of Elections personally.”
I meant…I know one of the commissioners. My mother-in-law was a colleague to her and watched her rise through the ranks. And, she was unfair and part of a clique then, and she is part of the same, single-minded, sell-out clique now.
And, I meant, that I personally was thrown off the ballot in a very unscrupulous manner. The specific Commissioners who are here now were the ones who when I tried to run for State Senate, played a game that with no challenges filed, weeks after all deadlines for challenges, acted as if my petitions magically fell on the floor and came to their attention so that they kicked me off the ballot.
They got away with it. But, it stank to the heavens. Including they had a meeting and vote of the Commissioners to kick me off, but could not even provide “minutes” or an announcement of the meeting. It was bogus.
So, yeah, I personally know that the Suffolk County BOE are extra wrong, extra secretive, extra sneaky, and extra bad.
I just realized that this situation is somewhat like what happened to Barr in the election. Texas threw Barr off the ballot while at the time both Obama and McCain’s campaigns missed the state deadline but the state legislator placed them on the ballot anyway.
http://www.lp.org/news/press-releases/obama-mccain-fail-to-qualify-for-texas-ballot
The objector is an employee of the Suffolk County Board of Elections.
“I know the Suffolk County Board of Elections personally.”
Are they space aliens like Barack HUSSEIN Obama?
Shape shifting reptiles from Kenya or Indonesia or somewhere all weird and foreign like that?
Mr. Winger…
Egads!!!
I know the Suffolk County Board of Elections personally.
I know the whole state system stinks. But, the smell at the Suffolk BOE wafts above even that stench.
Let’s be real.
And, you know, there is no reason for them to bust chops when they are going to win, anyway. No reason that a Democratic Committeeperson needed to file challenges. No reason that the Dem and Rep patronize folks had to sustain challenges.
Yes, look at the system. But, yes, name and challenge the individuals who uphold the system, either due to a lack of moral courage or a desire to profit politically by going with the nasty flow.
If the Libertarians do not get on the ballot, I just have to say…fun time for me!!!!
Suffolk County is going to see the most flamboyant, exciting write-in campaign it has ever witnessed.
Laying the groundwork now.
(No, I’m not running. But, listen, someone is going to be challenging those status-quo-monopoly-bully- -ballot-kicker-offers. And, I am going to help like the dickens…)
😉
The root of the problem are the election laws of New York state, not the behavior of any particular challengers or election board members. On the other hand, this story should mention that the Suffolk County Libertarians have gone to court to argue that their petitions are good.
“Board of Elections Eliminates Libertarians from New York County Ballot”
Misleading headline. New York County is actually Manhattan.
Not only the libertarians, but other third party and independent folks too.
Paulie is right: this is a real-world example of why many Libertarians refer to the ‘two wings of the Incumbent Party.”
Why do that when they can keep fooling most of the people into thinking they have a choice?
Probably this is some sort of conspiracy for the Democratic and Republican Party to merge into one larger party called the “New Democratic Republican Party” and turn America into a one-party system.
The Senate and Gubernatorial elections are going to be really interesting. We have to come up with an good candidate especially if the state GOP is going to give Rudy the nomination. I dont want that man anywhere near Albany.
I am serious.
I think that someone should look into if there is a way to investigate the Democratic officials and Republican officials in Suffolk County for something like “conspiracy” or “monopoly” or “racketeering.”
What they are doing seems to be in the same moral category of all those crimes. Someone just needs to figure out the correct way to apply a piece of the criminal law, or find the correct party with standing to file some kind of civil suit.
This is beyond ridiculous.
Thanks,
Kimberly Wilder
previous victim of the Dems and Reps at the Suffolk County Board of Elections