Arkansas "write-in" candidate procedures
Corey Nicholl wrote:
Hi everyone at Arkansas Indymedia,
I wanted to bring to your attention a ballot access issue in Arkansas that I have uncovered in recent research.
I have been looking at ballot access for write-in Presidential candidates state by state over the past 6 months or so. I have been working with an independent candidate for President who is looking to be qualified for write-in votes in as many states as possible. When I came to Arkansas, I found this on the Secretary of State's Elections Division website:
"Write-in Candidates Write-in candidates are not allowed in presidential, municipal, or primary elections. [ACA ยงยง7-5-525, 7-8-302, 14-43-202]" http://www.arkansas.gov/sbec/pdfs/2007-Handbook-Final.pdf
It turns out that none of those election codes referenced actually contain any language referring to write-in candidates for President. The election law has remain unchanged since at least the early 70s. Yet there is legal precedent for Arkansas allowing write-in presidential candidates in at least 1972 and 1976.
But when I spoke with the legal counsel of the Arkansas Secretary of State's office, he was not impressed. It did not seem to matter to him that 1) Arkansas is among only a small handful of states that is currently not allowing write-in Presidential candidates, or 2) that there is a precedent in Arkansas for allowing write-in presidential candidates. My question to him was: if the law has remained unchanged since 1972, why is it that the Arkansas Secretary of State allowed Schmitz-Anderson to qualify as a write-in Presidential ticket in 1972 in Arkansas, and Eugene McCarthy to qualify as a write-in Presidential candidate in 1976 ... and yet now is saying that presidential write-ins are not allowed? In South Carolina, for instance, the prohibition of write-in presidential candidates is actually spelled out in their election laws, but there is nothing of the sort in Arkansas.
What do you think of this? Is this an issue that Arkansas indymedia can address, publicize, look into further ...? We are in contact wiith a ballot access expert, Richard Winger, who puts out the publication, "Ballot Access News", who has been helping us look into this, and who is a great resource for looking into this further. Thanks so much for your time, and please let me know what you think of this issue.
-- Corey Nicholl
From: Al (Arkansas Indymedia)
To: Corey Nicholl
Sent: Sunday, May 11, 2008 9:35 AM
Subject: Re: [Imc-ar-ed] Arkansas "write-in" candidate procedures
Cory,
It would be wonderful if you or someone else did the investigative work on this topic and then did a story on it. Indymedia is about independent journalism; unfortunately, independent journalists cannot always afford the time that it takes in order to come up with good stories. This is certainly my situation right now. So, we are always looking for input from people, such as yourself, who may have the time to develop such a story. If something, as you propose, is published on the website, is informative and well written, it will often get featured for the rest of the indymedia network to see.
As for the situation you describe, it reflects the sad state of affairs that exists in Arkansas and elsewhere.
Sincerely,
Al
Frank Moore wrote:
this is just one of the ways our campaign is causing change!
Hi everyone at Arkansas Indymedia,
I wanted to bring to your attention a ballot access issue in Arkansas that I have uncovered in recent research.
I have been looking at ballot access for write-in Presidential candidates state by state over the past 6 months or so. I have been working with an independent candidate for President who is looking to be qualified for write-in votes in as many states as possible. When I came to Arkansas, I found this on the Secretary of State's Elections Division website:
"Write-in Candidates Write-in candidates are not allowed in presidential, municipal, or primary elections. [ACA ยงยง7-5-525, 7-8-302, 14-43-202]" http://www.arkansas.gov/sbec/pdfs/2007-Handbook-Final.pdf
It turns out that none of those election codes referenced actually contain any language referring to write-in candidates for President. The election law has remain unchanged since at least the early 70s. Yet there is legal precedent for Arkansas allowing write-in presidential candidates in at least 1972 and 1976.
But when I spoke with the legal counsel of the Arkansas Secretary of State's office, he was not impressed. It did not seem to matter to him that 1) Arkansas is among only a small handful of states that is currently not allowing write-in Presidential candidates, or 2) that there is a precedent in Arkansas for allowing write-in presidential candidates. My question to him was: if the law has remained unchanged since 1972, why is it that the Arkansas Secretary of State allowed Schmitz-Anderson to qualify as a write-in Presidential ticket in 1972 in Arkansas, and Eugene McCarthy to qualify as a write-in Presidential candidate in 1976 ... and yet now is saying that presidential write-ins are not allowed? In South Carolina, for instance, the prohibition of write-in presidential candidates is actually spelled out in their election laws, but there is nothing of the sort in Arkansas.
What do you think of this? Is this an issue that Arkansas indymedia can address, publicize, look into further ...? We are in contact wiith a ballot access expert, Richard Winger, who puts out the publication, "Ballot Access News", who has been helping us look into this, and who is a great resource for looking into this further. Thanks so much for your time, and please let me know what you think of this issue.
-- Corey Nicholl
From: Al (Arkansas Indymedia)
To: Corey Nicholl
Sent: Sunday, May 11, 2008 9:35 AM
Subject: Re: [Imc-ar-ed] Arkansas "write-in" candidate procedures
Cory,
It would be wonderful if you or someone else did the investigative work on this topic and then did a story on it. Indymedia is about independent journalism; unfortunately, independent journalists cannot always afford the time that it takes in order to come up with good stories. This is certainly my situation right now. So, we are always looking for input from people, such as yourself, who may have the time to develop such a story. If something, as you propose, is published on the website, is informative and well written, it will often get featured for the rest of the indymedia network to see.
As for the situation you describe, it reflects the sad state of affairs that exists in Arkansas and elsewhere.
Sincerely,
Al
Frank Moore wrote:
this is just one of the ways our campaign is causing change!
posted by Lavapen | 7:14 AM
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