Supreme Court Takes On Ballot Access

By SAM URETSKY

CNN said it pretty well – about Supreme Court Justice Elena Kagan’s apparent opinion of Colorado’s refusal to allow ex-president Trump to appear on the primary ballot for the presidency: “She expressed concern about the extraordinary nature of such a decision, stating, ‘I think that the question that you have to confront is why a single state should decide who gets to be President of the United States,’ She further asked, ‘Why should a single state have the ability to make this determination not only for their own citizens but also for the nation,’”

Huh?!

They already do.

The Court was considering the decision of the Colorado Supreme Court to refuse Trump a place on the ballot because of his violation of the 14th amendment to the Constitution: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Consider that the Justices discussed whether the presidency is an “office” and is the President an “officer” and why the oath of the President differs from the oath taken: does “upholding the Constitution” mean the same thing as “Supporting and defending the Constitution”?

Unfortunately, the United States does not have a Semanticist Supreme to tell Congress what it just said. Also, the Oxford English Dictionary claims to have 500,000 words, while the Dictionary of American Regional English has only 60,000, and the vocabulary of an American college graduate runs to about 16-20,000 words. (For the record, personal subscription to the OED costs $100/year while a subscription to DARE is $49/year.)

But the point is, the states already decide who can be on the ballot. The nominees of the Democratic and Republican parties get an automatic slot, but first they have to be nominated. The Green Party (probable nominee Jill Stein), on its web site, says “A key goal for the Green Party each election cycle is for state green parties to gain or retain ballot access, which ensures a line on the ballot for Green candidates for upcoming elections. Having an ongoing ballot line means easier ballot access, allowing state parties to focus their efforts on outreach instead of having to petition for higher numbers of signatures and meet other onerous requirements that smaller parties without ballot access are required to fulfill.”

The Green Party is on the ballot of 19 states, and counting – but “Over the past several elections our candidates and national party have spent hundreds of thousands of dollars to get our candidates on the ballot. Every state has ballot access requirements political parties must meet. Numerous states mandate candidates meet a threshold to maintain that ballot line.”

Robert F. Kennedy Jr.’s campaign for the Democratic nomination didn’t last long – he dropped out and is trying to win election as an independent candidate. He managed get on the ballot in Utah, so far. (6 electoral votes). A SuperPAC, AmericanValues2024, has a fund to get Kennedy on the ballot in about 10 states, and bought advertising on the Super Bowl, which ran to $7,000,000 for 30 seconds. Since it’s a SuperPAC it can’t coordinate with Kennedy’s campaign. While Kennedy is flooding the Internet with email, ballot access isn’t easy. The Hill reported that he is considering switching to the Libertarian Party, and also that Trump has offered RFK Jr the VP nomination.

Marianne Williamson dropped out of the Democratic primary race and Dean Phillips laid off most of his campaign staff after both candidates finished far behind Joe Biden in the South Carolina Democratic primary. Cornel West also is looking for a party that will give him a place on the ballot.

But, in answer to Justice Kagan, states can, and do set requirements for getting on the ballot as an independent, including petitions and funding. The result is that an independent candidate may be on the ballot in some states, and not meet the standards for others. Now, what is Justice Kagan concerned about?

For the record, Gavin Newsom, Governor of California, is gaining attention for an unannounced presidential run, the Wall Street Journal opined. “Despite denials, the California governor is acting like a candidate.” Gail Collins of the New York Times wrote, “I guess we just keep yelping: Mr. President, many of us think you’ve been doing a terrific job and don’t want you to go down in history as anything but a fine executive who saved the nation from Trump. Please, please don’t mess it up with another run. …” If President Biden yields to the polls and withdraws, Gov. Newsom is prepared to save the party by accepting the nomination at the national convention, which comes complete with ballot access in 50 states and the District of Columbia.

So, Justice Kagan, what are you afraid of? The system can’t be more confusing than it already is – but it would be better without Donald Trump. The Colorado Supreme Court got it right.

Sam Uretsky is a writer and pharmacist living in Louisville, Ky. Email sam.uretsky@gmail.com

From The Progressive Populist, March 15, 2024

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