Monthly Archives: August 2023

Candidate Trump — Felon Ballot Access Restrictions and the Fourteenth Amendment

By tmess2 | Published August 27, 2023

We are heading into uncharted waters.  A major political party has become a cult in thrall to a person who may not be eligible to run for president (or at least barred from the ballot in several states) who insists that he should be the nominee in 2024.  Add to that a martyr complex by the true believers who have taken over many state parties, and we are heading into potential chaos for the Fall of 2024.

Of course, one of the complexities is that the national election for president is when the electoral college meets and votes and sends those votes to Congress to be counted.  Up until that Wednesday in December, we have fifty-one elections for presidential electors and more elections for delegates to the nominating convention.  Each of the jurisdictions (states and territories) involved in these elections have different rules and procedures.

Having said that, there are several general things that are consistent from state to state.  First, for the general elections, the parties certify the name of their presidential and vice-presidential candidate in late August or early September.   Second, there is a state election authority which receives and processes the candidate paperwork for state and federal candidates.  For the most part, these officials rarely refuse candidate filings, but they are tasked with determining whether the filing to be on the ballot is complete and shows that the candidate is eligible to run under state law.  Third, decisions on whether a candidate qualifies to be on the ballot is subject to some form of judicial review.  But, assuming that the election authority finds that a candidate is eligible to run, the different states have different rules on who can challenge that determination.  In all, or almost every state, the opposing candidates have the right to bring such a case, but the rules as to who else has that right differs from state to state.  Fourth, if, for some reason, a party’s nominee has to be replaced on the ballot, it generally falls on the state party to name a replacement.  Fifth, for the presidential election, there is actually a ticket composed of the candidates for president, the vice-president, and the presidential electors.  It is the last two or three where the potential for chaos emerges. Continue Reading...

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GOP chooses Houston for 2028 Convention

By Matt | Published August 25, 2023

This is the first time ever a convention site has been chosen prior to the earlier convention even being held:

The Republican Party will host its 2028 convention in Houston, party officials decided in a private meeting on Friday.

… Continue Reading...

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The Republican Campaign & the Fear of Attacking Trump

By tmess2 | Published August 20, 2023

Barring some major unexpected change, President Biden will not face any major opposition for the nomination next year.  At the present time, his opposition is composed of fringe candiates who reject most of the Democratic platforms of the past thirty-five years.

On the Republican side, there is supposedly a nomination contest.  But in many ways, we are seeing a repeat of the 2016 campaign with Donald Trump starting from a stronger position than he did in 2015.  Back then, Trump was an unknown quantity as a politician and Republican voters were simply playing with the possibility of supporting Trump.  Now, he is a known and the “maybe” 25% is something like a 40% certain and a 30% maybe.  But the constant is that most of the top contenders are unwilling to attack Trump.

Part of the reason why Trump has emerged with only a handful willing to attack him is a general perception about negative campaigning.  The problem with negative campaigning is that it has a cost.  Negative campaigning is aimed at “persuadable” voters.  At best, it persuades the voter leaning to the opponent to vote for you (a gain of one vote for you and a loss of one vote for your opponent or a swing of two), but it is acceptable if it merely results in the voter deciding to sit the race out (a loss of one vote for your opponent).  People do not like negative campaigns and such campaigns drive up the negatives of both the candidate doing the attack and the candidate being attacked.  If successful, the negative campaign drives up the negatives of the candidate being attacked more than it does the candidate doing the attacking.  In the general, negative campaigning works because you tend to have two candidates with enough “certain” voters that even if all persuadable voters flipped to a third candidate that third candidate would still finish third. Continue Reading...

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The Independent State Legislature Theory, Election Law, and the Trump Crimes

By tmess2 | Published August 13, 2023

Recently, a federal grand jury in the District of Columbia returned an indictment charging the Orange Menance with crimes related to his attempted coup after the 2020 election.  It is expected that within a week or two a state grand jury in Fulton County, Georgia will add state charges related to the efforts of dictator-wannabe Donald Trump to convince Georgia election authorities to alter the results of the election in that state.

Much of the crimes committed by Donald Trump and his band of incompetent coconspirators were based on a flawed version of the independent state legislature theory and a misunderstanding of election mechanics.

First, the independent state legislature theory.  The independent state legislature theory is based on two clauses in the U.S. Constitution.  One of the clauses is found in Article I and applies to the election of members of Congress.  The other clauses is found in Article II and deals with the selection of presidential electors. Continue Reading...

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Direct Democracy in Ohio

By tmess2 | Published August 6, 2023

This Tuesday, voters in Ohio will decide the future of direct democracy in Ohio.  For the most part, the U.S., like many other democracies is a republic.  In other words, the usual way that laws get made is through the legislative process with elected representatives debating, amending, and voting on proposals.  In theory, the will of the majority is expressed through their representatives.  A little over a century ago, reformers during the Progressive Era argued that there were flaws in the representative system that sometimes allowed a minority to block useful and popular legislation.  The remedy was the initiative and referendum process which allowed ordinary voters to get proposals on the ballot were they could be directly determined by the voters.

Now, not every state has authorized the initiative and referendum process.  Even in those that do, the rules differ as to how many signatures are required.  However, for the most part, states that allow for direct democracy (whether through proposals initiated by voters or by proposals referred to the voters by the government) only require a simple majority for the proposal to pass.

Even from the beginning, there has been resistance to the initiative and referendum process.  After all, special interests that are able to get what they want from elected officials do not like the voters having the ability to override those efforts. Continue Reading...

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