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Departments Election Issues Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws by Robert Butler March 3, 2005 "The Libertarian Party is on the ballot in Russia, Afganistan, and Iraq, but not in Ohio," notes LPO Executive Director Robert Butler. "We had a veteran and a hero from the current war in Iraq who wanted to run as a Libertarian last year, but I had to explain to him why that wasn't possible." The Libertarian Party of Ohio is asking the Ohio House of Representatives to modernize the state's ballot access laws. Robert Butler, 31, Executive Director of the Libertarian Party of Ohio will testify on Wednesday March 2nd before the Ohio House Election and Ethics Committee. "Our state's current ballot access laws were created during the Red Scare of the early 20th century," adds State Chair Jason Hallmark, "They do not reflect the ideals of open democracy, the foundation of our great country." "We are only asking that Ohio modernize its laws, just as all of our neighboring states have recently done," explains Butler, "Ohio has been ranked 49th by OSU Political Science Professor Paul Allen Beck for its restrictive regulation of political parties. We want that to change." The Libertarian Party is asking for five specific changes to Ohio's election laws: allow independents to work in Ohio's polling places, reduce and standardize the number of petition signatures, extend the period of recognition for minor parties from two to four years, lower the needed 5% percent in the Presidential and Gubnatorial races to 2% of any statewide race, and allow minor parties to nominate candidates by convention. These proposed changes are taken from similar laws in Indiana, Michigan, Kentucky, Pennsylvania, and West Virginia. "We estimate that Ohio's current laws would require us to spend approximately $1 million every four years just to get our name on the ballots," notes Butler, "We know we can achieve a greater sense of democracy in Ohio. Once the voters understand the unfairness of the legal obstacles, they will demand change. That's why we will be touring the state and campaigning for ballot access." Testimony of Robert D. Butler II Executive Director of the Libertarian Party of Ohio Before the Ohio Elections and Ethics Committee March 2, 2005 in Columbus, Ohio I. Introduction Good Morning. My name is Robert Butler and I am Executive Director of the Libertarian Party of Ohio. It is my pleasure to be here this morning and offer the views of our organization on House Bill 3, proposed changes to Ohio’s election law. Let me first thank Committee Chairman Hughes and the Committee members for their efforts in improving Ohio’s current election laws. Section 3515.03 through 3515.07 of House Bill 3 deal specifically with the issue of election recounts, and that is why I have come before you this morning. The Libertarian Party of Ohio agrees that candidates, their committees, or any interest so involved should pay the complete cost of any unsuccessful recount as stipulated in this bill. The Libertarian Party of Ohio is against the use of recounts solely as a means of publicity or distraction. The apparent intention of House Bill 3 is to prevent the frivolous use of Ohio’s recount process and avoid burdening the taxpayers with added election costs. While this bill increases the cost of recounts, it fails to address the underlying problems that have caused recent recounts to occur in the first place. To these ends, the Libertarian Party would make suggestions to amend this bill to avoid future recounts and improve voter confidence in the electoral process. II. Ohio’s Out-Dated Election Laws The Libertarian Party is on the ballot in Russia, Afghanistan, Iraq, and 48 American states, but not in Ohio. From Australia to Zimbabwe and most countries in between, there are Libertarians interacting with government to make changes toward a free society. In countries such as New Zealand and Costa Rica, Libertarians form a major part of their governments. According to OSU Political Science Professor Paul Allen Beck, Ohio is ranked 49th in state regulation of political parties. Only Louisiana has more restrictions and regulations for political parties. In the first half of the 20th century, communist scares prompted Ohio lawmakers to enact a series of restrictive laws on the operation of political parties. Ohio’s current election and ballot access laws essentially have created a monopoly for the two major parties at the expense of political minorities. These laws are still in effect in Ohio even though all of our neighboring states: Indiana, Michigan, Kentucky, West Virginia, and Pennsylvania have substantially modernized their election laws in the past decade. The Libertarian Party knows that this committee stands for democracy. Stand up with us and amend this bill to reflect the real discrimination in Ohio’s election laws. III. Why is this relevant to the recount process and House Bill 3? House Bill 3 intends to increase the financial burden placed upon the concerned citizens of Ohio who request recounts. Unfortunately, this bill does nothing to address the underlying causes of recent recounts. The Libertarian Party of Ohio believes the recent Presidential recount in 2004 could have been avoided if Ohio’s election laws were modernized and allowed open participation by all legitimate political parties, organizations, and independent citizens. I accepted my current position as Executive Director for the Libertarian Party of Ohio with a great deal of concern and trepidation. Ohio has a reputation nationally for its restrictions on ballot access and the party was fighting a lawsuit with Secretary of State J. Kenneth Blackwell to be recognized as a political party. Imagine sitting in an office and working full-time for a political party that legally doesn’t exist. Imagine being a voter and you are forbidden from running for office under your party banner. This happened to an Ohio veteran and hero from our current war in Iraq. He wanted to run as a Libertarian in 2004. I had to explain to him that he wasn’t permitted to do so. In Ohio, Libertarians CAN NOT: 1. Run for office using their party label 2. Appoint inspectors, poll watchers, or challengers 3. Serve as election workers 4. Officially choose their candidates by primary or convention In 2004, we were forced to list our Presidential candidate on the ballot as “other party”. This was a true disservice to the Ohio electorate, who deserves to know the political affiliation of a candidate simply as a point of information. After the election, our candidate, Michael Badnarik, began to hear rumors and anecdotes of voter fraud in Ohio. I personally participated in various public forums, listened to Ohio voters who had problems on Election Day, and took sworn testimony and affidavits. Unfortunately, as a leader of the Libertarian Party I had no one within my party to question. Only Republicans and Democrats are allowed to serve as inspectors, poll watchers, challengers, or even election workers. No independent voters or Libertarians are permitted to volunteer as election workers in most counties. I reported the partial and incomplete information I had to my Executive Committee. The Libertarian Party of Ohio decided not to support the Presidential recount of 2004. There were various reasons. Perhaps the most common were the appearance of favoring Democrats over Republicans (we never endorse other parties), the unfair cost to the taxpayers, and the lack of faith that a recount would shed any useful light on what occurred on Election Day. Due to the difficulties our party experienced with Secretary Blackwell and our complete lack of any representation inside the polling places, our Presidential candidate Michael Badnarik decided that he would support the Ohio recount of 2004. He was the primary complainant and made the decision on his own. Neither the LPO nor the national party financially supported the recount, but we certainly understood why Mr. Badnarik and many of Ohio’s citizens were confused, upset, and concerned over the November 2004 election. When the ballots were recounted, this was the first chance Libertarians had to witness the counting process. For us, it was our first count, and not a recount at all. Libertarians join our party because they do not feel adequately represented by the two major parties. Most, if not all of our members, would drop out of the political process entirely if the Libertarian Party did not exist. It is completely understandable that they would be suspicious of Ohio’s election activities when they are expressly forbidden from participation. John F. Kennedy once said, “When you make peaceful revolution impossible, you make violent revolution inevitable.” We respectfully urge the Ohio House to reconsider the burdens placed on political minorities so that we can avoid repeating the problems of 2004. With the current ballot access laws, the Libertarian Party of Ohio estimates that we would need to spend approximately $500,000 to both earn and maintain ballot access. And since minor party access is only valid for two years, we would need to spend a million dollars every four years just to stay on the ballot. This would obviously put a tremendous strain upon even the major political parties, but forcing minor parties to spend so much money before they can even enter the campaign places an impossible burden upon them. This is the equivalent of asking a man to run a marathon before his real race even starts. IV. Proposed Changes to Ohio House Bill 3 The Libertarian Party of Ohio asks Ohio’s Legislature to modernize Ohio’s election laws, specifically ballot access for minor political parties. These changes will reduce the need for recounts. There are five specific changes: 1. Allow minor party and independent candidates the right to appoint election observers and challengers. Allow members of minor parties or independents to work at polling places. 2. Reduce and standardize the signature requirements for minor political parties and independent political candidates. To imply that major party membership is somehow “better” and reduces the need for signatures is unsubstantiated. The current percentage system raises and lowers the requirement of signatures each cycle. Our neighboring states require 5-10,000 signatures for minor parties, and some require no signatures at all. 3. Extend the period of minor party recognition from two years to four years. Four years is a reasonable amount of time, whereas a two-year cycle results in a permanent state of crisis. 4. Currently, minor parties must receive 5% of the vote in either the President’s or Governor’s race to maintain their status without petitioning. This is a nearly impossible hurdle. Other states require 1 or 2% of the vote in any state-wide race, or a lower profile race such as Secretary of State. 5. Currently, minor parties who do have ballot access must nominate their candidates by primary. We feel this creates an unfair burden on both the taxpayer and the County Boards of Elections. When the Libertarian Party has had ballot access in Ohio, our members experienced difficulties in receiving Libertarian Party ballots. We wish to nominate our candidates by convention so that we can pay all of the costs and ensure that each Libertarian is able to cast a proper ballot. V. Conclusion In conclusion, I want to thank the Ohio Elections and Ethics Committee and Chairman Hughes for the opportunity to speak today. Please consider the Libertarian and Independent’s point of view in the actions you decide to take regarding House Bill 3. I am available for any questions you may have now and in the future feel free to contact me at the Libertarian Party of Ohio’s headquarters (614) 547-0290, hq@lpo.org Email this article to a friend |
Don't forget to check out articles from 2007 and 2008
"An open letter to the Election Assistance Commission"
December 25, 2005
John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
"Diebold hack proven in county test!"
December 17, 2005
Glenn Yeagley
"Diebold Inc. in a tailspin after resignation of CEO and filing of a class action fraud lawsuit"
December 17, 2005
VelvetRevolution.us
"Orr thinks machines make voting simpler, more secure "
December 17, 2005
Mario Bartoletti
"Diebold "hack test" - Sec. State / Black Box Lawyer square off"
December 10, 2005
Black Box Voting
"With new legislation, Ohio Republicans plan holiday burial for American Democracy"
December 6, 2005
Bob Fitrakis & Harvey Wasserman
"Important daily voting news"
December 4, 2005
John Gideon
"Poll shock"
November 24, 2005
Robert C. Koehler, Tribune Media Services
"Ohio's Diebold Debacle: New machines call election results into question"
November 24, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold attempts to evade election transparency laws"
November 20, 2005
Matt Zimmerman
"Supreme Court stabs another GOP knife into US democracy by upholding ex-felon vote ban"
November 16, 2005
Bob Fitrakis and Harvey Wasserman
"Has American Democracy died an electronic death in Ohio 2005's referenda defeats?"
November 11, 2005
Bob Fitrakis and Harvey Wasserman
"What John Kerry definitely said about 2004’s stolen election and why it's killing American democracy"
November 10, 2005
Bob Fitrakis & Harvey Wasserman
"Scrap the "secret" ballot - return to open voting"
November 5, 2005
Lynn Landes
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 5, 2005
Kathy Dopp
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 3, 2005
Kathy Dopp, National Election Data Archive
"Watergate-style money laundering indictments stoke Ohio's stolen election fires"
October 28, 2005
Bob Fitrakis & Harvey Wasserman
"Powerful Government Accountability Office report confirms key 2004 stolen election findings"
October 26, 2005
Bob Fitrakis & Harvey Wasserman
"Did you erase your own vote?"
October 25, 2005
Warren Stewart, Director of Legislative Issues and Policy, www.VoteTrustUSA.org
"Why can't the left face the Stolen Elections of 2004 & 2008?"
October 18, 2005
Bob Fitrakis and Harvey Wasserman
"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008"
September 20, 2005
Bob Fitrakis & Harvey Wasserman
"Two Steps Forward, One Step Back"
September 20, 2005
Warren Stewart, Director of Legislative Issues and Policy, VoteTrustUSA
"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes"
September 19, 2005
Jason Leopold
"Ohio recount lawsuit set for trial; election workers indicted"
September 4, 2005
Blair Bobier
"Ohio Governor's ethics violations expose money trail to stolen 2004 election"
August 30, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold's failure in California"
August 7, 2005
John Gideon, Information Manager, www.VotersUnite.Org and www.VoteTrustUSA.Org
"Did the GOP steal another Ohio Election?"
August 5, 2005
Bob Fitrakis and Harvey Wasserman
"Conyers-Kaptur seek special counsel for Noe probe"
August 4, 2005
John Conyers, Jr. and Marcy Kaptur
"Dramatic new charges deepen link between Ohio's "Coingate," Voinovich mob connections, and the theft of the 2004 election"
July 29, 2005
Bob Fitrakis & Harvey Wasserman
"None dare call it stolen - Ohio, the election, and America's servile press"
July 24, 2005
Mark Crispin Miller, summarized by Mary Anne Saucier, Columbus, Ohio
"Civic Engagement and the Restoration of Community from a voter activist’s view"
July 19, 2005
Terri Zins
"My report from Hocking County, July 5, 2005: An update on Sherole Eaton's unfolding Story"
July 7, 2005
Victoria Parks, Ohio Backbone Campaign
"Handbook for Ohio Voter Activists, Version 2.0"
July 7, 2005
Various activists
"Direct testimony: Presented to Election Assessment Hearing"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"Log Cabin Republicans in Ohio"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"With a limp election theft report, Dems prove why they're unworthy"
June 28, 2005
Harvey Wasserman and Bob Fitrakis
"Voting problems and uncounted votes in Lucas County, Ohio"
June 28, 2005
Justine Smith
"The DNC 2004 Election Report: An indictment of incompetence"
June 25, 2005
Steven Rosenfeld and Bob Fitrakis
"Corporate control of the election process"
June 22, 2005
John Gideon
"Introduction: Did George W. Bush steal America's 2004 election?"
June 16, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Voter Confidence Committee Calls For Rejection of CA Special Election"
June 16, 2005
Dave Berman
"Activists from 25 states lobby for paper ballots on June 9 and 10"
June 10, 2005
VoteTrustUSA.org
"Fear of riffraff"
June 10, 2005
Robert C. Koehler, Tribune Media Services
"Electoral Politics and the War: Lessons from 2004 and What the Anti-War Movement Should do in 2006"
June 8, 2005
Kevin Zeese
"Optical scan machines hacked in Florida"
June 2, 2005
Black Box Voting
"Does ES&S really want to sell the Automark machines?"
May 28, 2005
John Gideon
"Attack on election board whistleblower and leaked Blackwell threats re-fire Ohio's election theft scandal"
May 23, 2005
Bob Fitrakis and Harvey Wasserman
"Franklin County, Ohio Election Procedures – April and May 2005"
May 6, 2005
Paddy Shaffer
"Carter Gets It – But Will His Electoral Commission?"
April 24, 2005
Kevin Zeese and Linda Schade
"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox"
April 24, 2005
Mike Swinford
"Electoral reform groups call for James Baker's resignation from electoral reform commission"
April 17, 2005
Ilene Proctor
"National Conference on Election Reform Opens with Civil Rights Panel"
April 13, 2005
Abigail Thorton
"View from Another Planet"
April 13, 2005
Josh Mitteldorf
"Democrats! Paper “Trails” Aren’t Good Enough. Count The Damn Ballots!"
April 12, 2005
Lynn Landes
"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!"
April 1, 2005
Lynn Landes, Online Journal Contributing Writer
"Scientific Analysis Suggests Presidential Vote Counts May Have Been Altered"
March 30, 2005
US Vote Counts
"As Blackwell Says, Ohio’s in 2004 was a National Model"
March 24, 2005
Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman
"Understanding the difference between paper ballots and paper audit trails"
March 20, 2005
Gary Beckwith
"Save Our Democracy"
March 16, 2005
John Irwin
"Republicans maneuvering to get Voting Rights Act killed"
March 10, 2005
Rev. Jesse L. Jackson, Sr.
"Legal filing highlights Blackwell's hypocrisy in Ohio recount case"
March 7, 2005
Blair Bobier
"Selma 40 Years Later"
March 6, 2005
Rev. Jesse L. Jackson, Sr.
"Exit Poll Madness - Analyst Steve Freeman & Company Offer False Choice"
March 4, 2005
Lynn Landes
"Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws"
March 3, 2005
Robert Butler
"The New Voting Rights Movement Begins Here Today"
March 2, 2005
Steven Rosenfeld
"Voting in America"
February 28, 2005
Bob Babson
"The Mighty Texas Strike Force"
February 28, 2005
Nick Mottern - Documentary News Service
"Blackwell presidential election sanctions briefs"
February 22, 2005
Various individuals
"Representative Conyers and others file amicus brief in Ohio Supreme Court"
February 17, 2005
Dena Graziano
"Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing"
February 12, 2005
Office of Rep. Tubbs Jones
"Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls"
February 3, 2005
Steve Rosenfeld and Harvey Wasserman
"Prominent Statisticians Refute 'Explanation' of 2004 U.S. Exit Poll Discrepancies in New Edison/Mitofsky Report and Urge Investigation of U.S. Presidential Election Results"
January 31, 2005
Bruce O'Dell
"The last man to concede..."
January 29, 2005
Sheila Samples
"Report on Washington DC, January 6, 2005"
January 25, 2005
Avram Friedman
"Arkansas in 2004: Did Bush Really Win?"
January 24, 2005
Max Standridge
"New links"
January 23, 2005
Free Press staff
"Voting Problems and Uncounted Votes in Lucas County, Ohio"
January 23, 2005
Justine Smith
"Plan B: Parallel Elections & Signed Ballots"
January 20, 2005
Lynn Landes
"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team"
January 19, 2005
Steve Rosenfeld and Harvey Wasserman
"What are they hiding in New Mexico?"
January 18, 2005
Warren Stewart, National Ballot Integrity Project
"In the Shadow of Dr. King, counting the vote remains a civil rights issue"
January 17, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Did the “Liberal Media” Get the 2004 Election All Wrong?
"
January 16, 2005
Gene C. Gerard
"'COUNT EVERY VOTE. EVERY VOTE COUNTS'"
January 16, 2005
Mary Anne Saucier
"Moss v. Bush moves on and movement continues"
January 13, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Rally Continues Drive for Democracy"
January 9, 2005
Mark Huntress
"Estimated vote count in Ohio"
January 8, 2005
Richard Hayes Phillips, Ph.D.
"January 6 Washington, D.C. rally report"
January 8, 2005
Nick Mottern
"Together, we moved three mountains"
January 8, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"What the election challenge means"
January 8, 2005
David Swanson, ILCA
"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally"
January 7, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Arnebeck letter to Congress re Presidential Electoral Challenge"
January 6, 2005
Clifford O. Arnebeck, Jr.
"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election"
January 6, 2005
Free Press staff
"The "Crime of November 2": The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)"
January 5, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Status Report of the House Judiciary Committee Democratic Staff"
January 5, 2005
U.S. Rep. John Conyers and staff
"Seven key reasons why the vote must be challenged at the electoral college"
January 3, 2005
Rev. Jesse Jackson, Rainbow/PUSH Coalition
"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)"
January 3, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Verified election contest petitions and documents in Ohio Supreme Court "
January 2, 2005
The undersigned
"Distribution of voting machines by county in Ohio"
January 1, 2005
Andy Shifflette
"Did We Bounce An Election?"
January 1, 2005
Warren Stewart, votersunite.org
"Presidential election congressional hearing transcript"
January 1, 2005
Congresspeople Waters, Tubbs-Jones and Conyers and others
Selected articles from 2004
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico"
December 31, 2004
"Impossible Phantom Votes in New Mexico
"
December 30, 2004
"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data"
December 29, 2004
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray"
December 28, 2004
"Another third rate burglary"
December 25, 2004
"Hacking the vote in Miami County"
December 25, 2004
"Update from the Ohio Frontlines"
December 24, 2004
"Lawsuit Before the Ohio Supreme Court"
December 24, 2004
"Kerry votes switched to Bush and ballots pre-punched for Bush"
December 24, 2004
"Uncounted votes in Cuyahoga County"
December 24, 2004
"GAO report documents how easy it is to hack the vote"
November 15, 2005
"J30 Election Reform Coalition"
March 21, 2005
"The Un-mighty New Hampshire Jam Force"
March 21, 2005
"Petro sanctions democracy"
March 21, 2005
"Progressives helped concede election by conceding the moral high ground"
March 21, 2005
"We will not concede, or get over it, but we shall overcome"
January 23, 2005
"From Selma to Palm Beach to Columbus"
January 23, 2005
"Movement Heroes"
January 23, 2005
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