It’s not just the Libertarian Party that has problems with ballot access laws, and it’s not just Georgia that uses those laws to limit electoral competition for the old parties. US Supreme Court Justice David Souter issued an order on Wednesday (8/20/08) upholding the state of Maine’s incumbent protection laws.
Herbert Hoffman is a Maine independent seeking to be on the ballot for the US Senate seat now held by Susan Collins. Hoffman satisfied state requirements to appear on the ballot and received the Maine Secretary Of State’s blessing, but the chairman of the state Democrat party protested.
At issue is a Maine law that says ballot access petitions must be signed in the presence of an official canvasser. Hoffman contends the requirement is an unconstitutional limit on his political rights; the Democrats (who fear Hoffman’s presence on the ballot might bleed votes away from their candidate’s challenge to incumbent Republican Collins) say the law is the law.
The Maine Supreme Court agreed with the Democrats, but issued a brief stay pending US Supreme Court action. Yesterday US Supreme Court Justice David Souter lifted the stay, effectively ending Hoffman’s effort to give the voters of Maine another choice in November.
Earlier this year, Justice Souter was in the minority in the landmark DC v Hellersuit that found the District Of Columbia’s ban on handguns to be unconstitutional. Once again he has voted against individual rights.
Georgia voters fare better than Maine’s this year. Despite the substantial ballot access barriers we face, Allen Buckley will be on the ballot as the Libertarian candidate for US Senate.
