As the State Supreme Court considers a challenge to the state's ballot access laws, some third-party hopefuls have filed to run as Republicans and Democrats.
Office seekers who choose not to run under a major party banner, face some obvious challenges……..Perhaps the most basic, is getting on the ballot……..Under current law, candidates from political parties that didn't garner at least 4 percent of the vote in the pervious governor's race must collect signatures from registered voters to appear on the general election ballot……The number of signatures range from 150 for state rep. to 3000 for governor…..to 20,510 for a party to field an entire slate………To Paul Twomey, the democratic lawyer who's arguing the case for the Libertarian and Constitutional parties……..The double standard is more than just unfair.
"Part I Article XI says every person shall every individual have an equal right to hold office……It doesn’t say every democrat and republican shall have a right to -- it says everybody does."
But to supporters of New Hampshire's current ballot access standards…..which falls squarely in the middle of the pack nationally……Unfettered ballot access is simply a bad idea.
"The Libertarians made party status once, they lost in the next election….. I think that's fair."
Republican Bob Clegg is State Senate Majority Leader.
"Otherwise we could have the shorts party, the loafer party, the short sleeve shirt party…..People could just decide to wreck havoc with the entire election system just out of spite -- we don't need that."
Clegg's point will be central to the state's arguments in the case.…..According to the Wynn Arnold, the attorney representing the state before the high court, the judiciary has long recognized that there's a compelling public interest in allowing states to take some steps to ward off possible chaos at the ballot box.
"Courts including the NH supreme court have generally been deferential to the legislature so far as the legislature does not impose restrictions that are not reasonable and the ballot access question here have been tested time and time again across the county and by the United States Supreme court and have uniformly been upheld as being fair."
In the meantime, though, some third-party activists have decided to take things into their own hands……By seeking office as Republicans, or, in the case of the perhaps the state's best known Libertarian, as Democrats.
"John Lynch doesn't want an income tax -- I agree with that. And John Lynch doesn't want a property tax -- I agree with that."
That's John Babiarz, Chirman of New Hampshire's Libertarian party.
"And John Lynch wants to get rid of the statewide property tax -- I agree with that. So I'm just as much of a Democrat as John Lynch is."
Babiarz ran for governor as a Libertarian in 2002. And was a close adviser to Republican Governor Craig Benson. Now, he says Democrats' strong opposition to the federal real ID act prompted him to join their party…….His, wife, Rosalie Babiarz, who's run for congress as a Libertarian, is meanwhile seeking a State Senate seat as a Republican…..In all, Babiarz says some two dozen Libertarians and Free State Project members are now seeking state office as major party candididates……But when asked who they are……Babiarz plays his cards close to the vest.
"No I won't release the names."
But that doesn't mean they won't get out -- at least if some major party officials have their way.
"If you are hiding from your true banner as a free-stater or libertarian……rather than your true banner, I think that show a fundamental dishonesty and voters should take note of that."
That's Dan Eaton…..A Stoddard lawmaker, and chairman of the Cheshire County Democrats. Under party by-laws he and other official are supposed to support all candidates seeking office under the democratic banner…….But Eaton says, given the circumstances, if people have a clear track record of espousing views that run roughshod over the party platform, outing them is fair game.
"My intent is to ask the real Democrats to run as a team, together and to make it very clear that the person who is claiming to be a democrat is not a Democrat."
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Vermont allows a party to be on the November ballot automatically, if it is organized in at least 10 towns (this means having a town chair and a town secretary-treasurer). No petitioning is needed for a new party to get on, and no particular vote in the last election is needed for a party to remain qualified. Vermont's elections are not chaotic.
The median number of votes needed for a party to remain on the ballot, in the 50 states, is a vote of 2%. New Hampshire's 4% is twice the national median. I publish Ballot Access News (www.ballot-access.org).