Update, 17 February 2012
Here’s a chance for decent Americans to help a little. I, James Laffrey, am not going to look up the law for each state on Write-In Candidates. I’ve already done it for federal law and to confirm and improve two readers’ findings on the law for California and Michigan. This is a test of our readers’ seriousness and willingness to help a little. Please click to your state’s online pages of law related to Write-In Candidates for U.S. Senate and U.S. House of Representatives. It’s not difficult. First, please read below to get a handle on what to look for and how to report your findings. THANKS in advance!
Update, 21 April 2011
Look at the evidence below, with examples from California and Michigan. This is not too difficult to do. In fact, it’s a little surprising how doable it is. We’ve been led to believe it’s an onerous process doomed to failure because that’s what they want us to believe! Come on, Americans, let’s do it.
Please note: I’ve included all relevant details below. But don’t get bogged down in the details. It all boils down to only about three things that each candidate must do, depending on your state and local rules. — JTL
Federal Law For Candidates
and
State-by-State Write-In Laws For Candidates
We need to know what each state’s law says on write-in candidacies (and voting). Now, I could do this myself. Each week, I could research one or two states, and by the end of the year it’d be done. But that’s not the way to do it. If this is a “me” movement, we’re toast already. And good luck with your life in oppressive jobless debt. If it’s a “we” movement, we just might win.
So, you, dear readers. You like-minded, truly patriotic Americans. I ask you to search the write-in law of your own state. (Search your state’s website for “election write-in” and either “candidate” or “ballot.”) Report the gist of it to us, with links to the important webpages. The place to report your info is in a comment at the bottom of this page. We’ll verify, compile, and post the vital aspects of law for each state.
California and Michigan are done already.
On your mark, get set, search!
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Federal Election Commission (FEC) info for all candidates
Federal Election Commission (FEC) basics: Link
1. If you have less than $5,000 involved in your “candidacy,” then you don’t have to file a “Statement of Candidacy” (FEC FORM 2). Link to instructions for that form.
That’s nice. We don’t have any official campaign donations or expenditures, right? Otherwise, keep the total under $5,000.
Also, we don’t have to file a Financial Disclosure Statement for the House and Senate if our campaign finances total under that same $5,000.
Great.
2. Get familiar with more of the basics so that you can firmly reply to questions and assert your rights and freedoms when blocked or attacked.
The FEC offers this advice:
- Candidates for the US House of Representatives should contact the House Committee on Standards of Official Conduct at (202) 225-7103. (See below for the gist.)
- Candidates for the US Senate should contact the Senate Select Committee on Ethics at (202) 224-2981. (See below for the gist.)
- Candidates for US President and Vice President should contact the FEC’s Office of General Counsel’s General Law and Advice Division at (800) 424-9530. (The website was a dead-end.)
HOUSE. PER ABOVE, the House committee says they publish — on paper — yearly adjustments in the laws and rules.
But here is good news:
“An individual who qualifies as a candidate for the House must file within 30 days of becoming a candidate, … An individual seeking office qualifies as a candidate for financial disclosure purposes by raising or spending more than $5,000 for his or her campaign. Both the office-seeker’s own funds and contributions from third parties count towards the threshold. An individual who never raises or spends more than $5,000 has no financial disclosure obligations with the House, even if that person’s name appears on an election ballot.”
SENATE. PER ABOVE, (Link) the Senate committee confirms the $5,000 limit:
“Candidates for the Senate must file a Senate Public Financial Disclosure Report for each calendar year they continue to be a candidate whether or not they are elected. The candidate would follow all instructions for a Candidate Report. For purposes of this report, a ‘candidate’ is an individual: who seeks nomination for election, or election, to Federal office; and has received contributions aggregating in excess of $5,000, or has made expenditures aggregating in excess of $5,000; or the individual has given his or her consent to another to receive contributions or make expenditures on his or her: behalf aggregating in excess of $5,000.”
PRESIDENT and VICE PRESIDENT. PER ABOVE, it was a dead-end to look at the website of the FEC’s Office of General Counsel’s General Law and Advice Division.
But the FEC forms for candidates page is here. And through that, we find this helpful pdf. The best part is column 1 of page 1.
Again, it’s all about the $5,000. So, stay away from money: no contributions, no gifts — or at least keep them puny. Use personal money for your blog, email, whatever.
For a scoff, look at the following paragraph, which will tell you why politicians announce “exploratory committees” to determine whether they ought to announce their candidacy. It’s a financial dodge.
“Funds received and payments made for the purpose of determining whether an individual should become a candidate are not considered ‘contributions’ or ‘expenditures’ which may trigger candidacy.”
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State-by-State Write-In Laws For Candidates
State by state, below
in progress
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CALIFORNIA
Note: This section is rather long, but it provides extra info that the detail-oriented person will want quick access to.
We thank Russ for providing the links that we elaborate on below.
PDF #1:
Most California state requirements don’t apply to candidates for federal offices. But some do. The pdf says:
1.
For federal offices, the write-in candidate should visit the website of the Fair Political Practices Commission at www.fppc.ca.gov and contact the Federal Election Commission at 999 E Street, N.W., Washington, D.C. 20463 or call toll-free (800) 424-9530 for a copy of the Federal Election Campaign Act, As Amended, related regulations giving the filing requirements for reporting campaign contributions, and the forms on which to file.
(I found nothing useful at the www.fppc.ca.gov site. We will need to check the Federal Election Commission’s latest rules.)
2. Candidates must qualify as to age and residency requirements, of course. And file a simple “Statement of Write-In Candidacy,” a “Nomination Paper,” and probably a “Statement of Economic Interests.” (Not bad.) Ignore all “primary election” details. There’s no need to announce a party affiliation, so don’t, and thus avoid all “partisan” rules.
- On the Statement of Write-In Candidacy, include your name, address, etc.
- Include the oath. (And you may need to sign this statement in person with a notary at your county elections office.)
- “For the general election, the statement of write-in candidacy must be filed between September 6, 2010 and October 19, 2010.” (So, keep an eye out for changes in 2012.)
- The “Nomination Paper”. For U.S. Senate, 65-100 signers. For U.S. House, 40-60 signers. Get the signatures from people in your county “between September 6, 2010, and October 19, 2010,” … “and leave them for examination with the county elections official of the county in which the signers reside” by Oct. 19. (Again, keep an eye out for changes in 2012.)(Check with your county election office for info on the proper form for a Nomination Paper.)
- Check with the Federal Election Commission to see if required to file a Statement Of Economic Interests (SEI). (You probably ought to just do it since the county or state might require it anyway.)
PDF #2 has info on how voters should write-in their votes for Write-In candidates.
PDF #3 is an example of a particular county’s publication to inform candidates and voters. Don’t be confused by the many details for only county and state candidates.
- Page 46 has a simple restatement of Write-In Candidate requirements. It’s nearly the same as the bullet points we’ve listed above from PDF #1, which is the most important one.
- And on this PDF # 3, pages 50-53 give some good advice on the structure and content of a candidate statement, but don’t let the dates and fee info bother you: They are for candidates for county and state offices, not federal offices.
- Page 73 says that candidates must file a “Disclosure of Economic Interests” form (Form 700) — which was called a “Statement of Economic Interests” in PDF #1 above — but do it according to federal requirements, not state requirements.
- Page 75 has a nice statement saying that Poll Watchers can “Observe all activities at the polling place, including activities after the polls close, …”
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MICHIGAN
Note: This section is rather long, but it provides extra info that the detail-oriented person will want quick access to.
Here’s a link to a Michigan state government page of documents including Candidate Filing Requirements. What we find is the following.
Apparently, candidates for U.S. Senate and U.S. House need to submit two forms:
- The “Affidavit of Identity” pdf. Click on it. Print (extra copies) and follow directions. (This form implies that we don’t have to file it if we don’t care to be on the official November ballot. But an instruction page for candidates for U.S. Senate says this form is necessary for Senate and House candidates but not for Presidential candidates. So, do it, though write-in candidates probably don’t really need it by law. But only fill in what’s necessary. Party affiliation is not necessary.)
- The “Write-In Candidate Declaration of Intent” pdf. Click on it. Print, fill in, and follow other directions, including having it notarized when you sign it.
Submit forms to:
Michigan Department of State
Bureau of Elections
Richard H. Austin Building – 1st Floor
430 West Allegan
Lansing, Michigan 48918
More details
We thank John Anthony La Pietra (was, maybe still is, in the Green party) for linking us to the key section of Michigan law last year. Here:
http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-168-737a&query=on&highlight=write-in
From that link, we get the following, which is to the point. Each candidate must file a “declaration” and submit it to “the filing official for that elective office.” It doesn’t say anything about the “Identity” form, which we listed and linked above.
Michigan Law, Section 168.737a says:
(1) Except as otherwise provided in this section, the board of election inspectors shall not count a write-in vote for a person unless that person has filed a declaration of intent to be a write-in candidate as provided in this section. The write-in candidate shall file the declaration of intent to be a write-in candidate with the filing official for that elective office on or before 4 p.m. on the second Friday immediately before the election. The secretary of state, immediately after the 4 p.m. filing deadline under this subsection, shall prepare and have delivered a list of all persons who have filed a declaration of intent to be a write-in candidate under this subsection, if any, to the appropriate county clerks. A filing official other than the secretary of state who receives a declaration of intent to be a write-in candidate or list of persons who filed a declaration of intent from another filing official under this subsection shall prepare and have delivered a list of all persons who have filed a declaration of intent to be a write-in candidate to the board of election inspectors in the appropriate precincts before the close of the polls on election day.
So, our candidates ought to submit the “Declaration” in early October at the latest. Leave time for problems and adjustments. The “Identity” form, too.
When it comes time to enforce the vote count on Election Day, note that the above paragraph says a filing official is to deliver the list of write-in candidates to the precincts “before the close of the polls.” So, before the poll closes, don’t let an election worker say your votes don’t count. The list isn’t really a final list until the polls close. Of course, if the list doesn’t include our candidate(s), then file an official protest or official complaint asap.
In regard to all the above, read up on it here: http://www.legislature.mi.gov/%28S%28wt4le555jecjlz45a1f053r5%29%29/mileg.aspx?page=getObject&objectName=mcl-116-1954-XXVIII-CONDUCT-OF-ELECTIONS-AND-MANNER-OF-VOTING
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