Save us from too much democracy
Wednesday, March 12th, 2003The Supreme Court refused to hear an appeal challenging a restrictive Georgia election law that creates special hurdles for third party candidates. Richard Winger, a long-time ballot access activist, had this to say to the Court.
Dear Justice Kennedy, the Court’s refusal to hear Cartwright v Perdue, 02-1082, is shameful. In that case, the 11th circuit had upheld Georgia’s ballot access requirement for minor party and independent candidates, a petition signed by 5% of the number of registered voters. 304 F 3d 1138 (2002).You said on page one of your concurrence in Cook v Gralike, 531 US 510, “A state lacks the power to impose any conditions on the election of Senators or Representatives, save neutral provisions as to the time, place, and manner of elections”. Georgia’s law is not neutral. Any Republican or Democrat can run for Congress simply by paying a filing fee. In the November 2002 election, no Republican ran in the 2nd and 5th districts, and no Democrat ran in the 10th district. Any Georgia registered voter age 25 and above could have appeared on the general election ballot as a candidate for congress, if he or she had paid the fee to run in any of those three districts. Victory in the primary in any of those three districts would have been automatic, since in actuality, no one ran for those nominations.
Yet a Libertarian or a Green couldn’t place his or her name on the general election ballot in Georgia, without fulfilling a task that is so difficult, no one has ever done it in any state. How obvious can it be that Georgia’s procedures are not “neutral” as to political party?
Sadly, the justices have already shown themselves unable to feel shame.
