Tuesday, February 05, 2008

Ballot Acces 2/5/08

The Importance of Ballot Access

In reality, America's ballot-access laws are so stringent, and third parties are repressed to such a degree, that the U.S. is probably in violation of the Copenhagen Meeting Document, an international agreement the U.S. signed in 1990 that requires nations to:

"Respect the right of individuals and groups to establish, in full freedom, their own political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on the basis of equal treatment before the law and the authorities."

How does the U.S. violate this agreement? Suppose that a new party were founded in 1994, with popular support that equaled that of the Democratic or Republican Party. In order to contest all the executive and legislative offices up for election on November 8th, 1994, it would need to collect about 4,454,579 valid signatures. And some of these signatures would need to be collected ten months before the election. By contrast, the Democratic and Republican parties would not need to submit any signatures to get themselves on the ballots, and their candidates would need only to collect about 882,484 valid signatures to place themselves on primary ballots.

The extreme disparity of the burdens placed on old, established parties versus new parties has no parallel in any other democratic nation in the world. Indeed, the number of signatures required for Democrats and Republicans to get on primary ballots is itself too high in some states, and as a result about 25% of all state legislative races present the voter with only one candidate on the general-election ballot.
In Britain, the political science model of a healthy two-party system, every candidate for Parliament faces the same ballot-access hurdle-- a simple filing fee. Candidates, regardless of their party affiliation, are granted two free mailings to all the voters, and every candidate gets a certain amount of free TV and radio time. There exists legal equality between all the parties. Yet Britain has a healthy two-party system, as did America in the 19th century.

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