Tue, Dec 02, 2008

Tucson Region

Court voids deadline for filers for president

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 07.10.2008
Arizona's early-June deadline for independent presidential candidates to get on the general-election ballot is illegal, a federal appellate court ruled Wednesday.
In a unanimous decision, the 9th U.S. Circuit Court of Appeals accepted the arguments by an attorney for Ralph Nader that the deadline, which applies only to those not affiliated with major parties, is unfair.
The judges rejected arguments by Secretary of State Jan Brewer that the early deadline is necessary to print ballots in time for the November election. The judges said the state's arguments held no water because election officials don't know for weeks — or months — later what other issues will also be on the ballot.
And they noted that the deadline doesn't apply to the major parties, which are allowed to submit the names of their candidates for the ballot in August or even later.
The judges also agreed with Nader that it's illegal to forbid anyone but Arizona residents to circulate petitions for presidential candidates.
The two conclusions, unless overturned, could open the door to more independents' running for president, and possibly other offices. The judges left it unclear whether the ruling applies only to presidential contenders or to all independent candidates.
It will now, however, immediately affect Nader. Chris Driscoll, Nader's press aide, said the perennial candidate, who challenged the requirements in 2004, already had submitted sufficient signatures for this year's campaign by Arizona's June 4 deadline.
Brewer said she disagrees with the ruling and will ask the Attorney General's Office to seek review by the U.S. Supreme Court.
The law Brewer was defending says all nominating petitions must be submitted at least 90 days before the September primary election, which is two months before the general election. Challenges to nominating petitions must be filed within 10 days of that deadline.
Brewer said the state has a compelling need for that deadline: printing up the ballots. Specifically, she noted that each presidential candidate actually requires the listing of 10 electors.
While the state knows the recognized parties will have candidates and electors, even if their names are not yet known, Brewer argued that the possibility of adding one or more independents could extend the number of pages needed for the ballot, leaving counties with insufficient time to order more paper.
But appellate Judge Mary Schroeder said that argument made no sense.
She pointed out the state doesn't know in June how many ballot initiatives there will be, either. The deadline to file those is a month later. And Schroeder said there could also be other ballot measures, such as school bond elections.
Schroeder also pointed out that the state manages to put together the rest of its general-election ballot after the September primaries.
Wednesday's ruling does not set a new filing deadline, leaving it up to the Legislature to rewrite the law in a fashion that does not interfere with the rights of independent presidential candidates.
The appellate judges looked with no more favor on Brewer's argument that the state needs to restrict who can circulate nominating petitions because it makes it easier to subpoena circulators during the 10-day deadline for appeal.
Schroeder acknowledged that there are millions of Arizonans who could circulate nominating petitions for Nader or any other independent presidential candidate.
"The residency requirement nevertheless excludes from eligibility all persons who support the candidate but who, like Nader, live outside the state," the judge wrote. "Such a restriction creates a severe burden on Nader and his out-of-state supporters' speech, voting and associational rights."
And Schroeder said that if the state is concerned about being able to find circulators, there is a legal remedy. She said Arizona legally can require those people to submit to the state's jurisdiction even though they are not residents.