http://www.nhregister.com/articles/2010/08/17/opinion/doc4c69b31a4bdae042405842.\
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The New Haven Register
Opinion
Minor parties silenced by funding laws
Tuesday, August 17, 2010
By Mike DeRosa
The state legislature, without the benefit of a public hearing, has tried to fix
the constitutionally flawed Citizens’ Election Program and award an additional
$3 million grant to each of the two major party gubernatorial candidates’
original CEP grants.
It will not discuss why candidates of smaller parties, like the Green Party,
will have to collect more than 220,000 valid signatures for governor and other
statewide offices in order to get a full CEP grant, while the major parties have
to collect none.
A recent U.S. 2nd Circuit Court of Appeals decision overturned U.S. District
Court Judge Stefan Underhill’s August 2009 decision that the Constitution would
not allow such a discriminatory and draconian petitioning requirement. The
appellate court decision was not unanimous. One of the three judges supported
Underhill’s view that CEP violates the 1st and 14th amendment rights of
Connecticut’s smaller parties.
Under CEP, minor party candidates collecting signatures equal to 10 percent of
the votes cast in the last election get one-third the amount of money granted to
major party candidates.
This one-third grant does not fulfill the constitutional requirement of equal
protection guaranteed under the 14th Amendment and turns smaller parties and
independent voters into third-class citizens.
If third-party candidates gather signatures representing 15 percent of the vote,
they get two-thirds of a total grant. Only by collecting signatures amounting to
20 percent of the vote can these candidates get a full and equal grant.
Third-party candidates may also qualify for partial or full grants based on the
number of votes their party received in previous elections, thereby avoiding
petitioning in future elections.
No candidate in U.S. history, in any state, has ever overcome a petitioning
requirement higher than 224,694 signatures, a number close to the CEP
requirement for a full grant for statewide office.
Third party candidates are also banned from applying for $1 million major
primary election grants given to Democratic and Republican gubernatorial
candidates and they are banned from other huge grants given to other major party
CEP primary election candidates.
Under the CEP, all candidates for governor must raise $250,000 in small
donations and are required to meet other large monetary requirements for other
offices.
Similar Arizona and Maine public campaign finance laws require a much smaller
fundraising requirement for entrance into their programs. Neither state has any
petitioning requirements nor minimum percentage of electoral results for full
smaller-party participation in their public financing systems.
Years of experience in these states gives measurable evidence that equal and
fair treatment of smaller political parties does not confuse the ballot or the
voters, does not create political divisiveness and does not cause political
polarization of the election system.
There is nothing in the U.S. Constitution or the Buckley v. Valeo U.S. Supreme
Court ruling that creates any legal basis for discrimination against the Green
Party or other smaller parties in Connecticut.
In the Buckley ruling, the Supreme Court set a 5 percent minimum election result
requirement for reimbursement under the presidential campaign finance law. That
is well under CEP’s 10 to 20 percent election result requirement.
Third-party candidates have been elected in Connecticut in recent years,
including a U.S. senator and a governor. Nationwide, more than 166 candidates
who were not the nominees of either of the two major parties have been elected
governor or to a state legislature from 1986 to 2006.
In 2008, the majority of third-party candidates did not qualify for a grant
under CEP at the 10 to 20 percent petitioning or percent voting level, while a
super majority of major party candidates did get a full grant in 2008.
If the majority of minor party candidates cannot participate in CEP because of
its discriminatory and arbitrary requirements, this might be evidence that the
CEP reduces the free speech rights of minor parties while increasing the free
speech rights of major party candidates.
The Connecticut Citizens’ Election Program is a rigged, political-insiders game
benefiting Democrats and Republicans while excluding legitimate candidates from
equal and fair funding.
Mike DeRosa is a litigant in the Green Party v. Garfield lawsuit and the Green
Party candidate for secretary of the state. Readers may write him at P.O. Box
231214. His e-mail address is smderosa@ cox.net.
URL:
http://www.nhregister.com/articles/2010/08/17/opinion/doc4c69b31a4bdae042405842.\
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