Ballot Rules

Maybe someone knows better than I do about this.

First one who comes to mind is Ziggy. Or maybe Stephanie.

But as I understand it the states have the final say-so over who appears on the ballot.

So if the National Democrat Committee decides Fla. and/or Michigan do not get to participate in their Convention can't the state Democrat Committees in those states make their own determination about who to put up as the Dem. Candidate for President?

So if Obama is the candidate of the DNC, Hillary could be the Dem Candidate in Fla. and Michigan?

Or perhaps several other states?

Just a thought.

It has happened, Sherm, that more than one Democrat has received electoral college votes; once, I believe in 1860, but again much more recently, when Byrd won Electoral College votes from Alabama and Mississippi. Article Two says that the electors can be chosen in such manner as the legislatures "may direct," which indicates to me that you are correct in the states having the final say.

I spent some time on this tonight. In West Virginia the law directs the political parties to devise and file with the Secretray of State their respective national convention delegate selection procedures and, more specifically, how to select presidential electors. But I find no specific directions about how to decide which candidate's name actually appears on the party's general election ballot.

For example, even if the Democratic national convention nominates Hillary Clinton, there appears to be nothing to keep the WV Democratic State Executive Committee from telling the WV Secretary of State that the WV Democratic Party's nominee is Barack Obama, or vice-versa.

So Florida and Michigan are still wild cards- just how "wild" depending on what Florida & Michigan election laws direct political parties to do or not do.

There are literally 50 sets of laws relating to ballot access for presidential candidates- some similar, some vastly dissimiliar.

Now both the WV SDP and SRP decided, without a voice of/from the populace, which Presidential Candidate their Delegates would support at the respective Conventions.

And if they can do that ..... then they can surely direct the County Party "heads" to direct the SOS and/or CC's what should be "printed" on both the Primary and General ballots.

Each Party decides via their own Rules, who their Candidate(s) is/are ....... and basically the only authority the Secretary of State and/or a County Clerk has is to insure the ballots are "printed" on time and the Election(s) is conducted according to State and County Statutes.

ps: The same goes for County School Boards whenever Bonds, Levies, etc., or Board Members are to be "voted on".

.

Well then who decides which name will appear on the ballot as the Democrat and Republican nominees for President in each state?

Is it the state Democrat and Republican Chairmen?

Is it the Secretary of State of the respective states?

Or do the laws vary from state to state?

OR DO THE NATIONAL dEMOCRAT AND REPUBLICAN pARTY cHAIRMEN TELL THE STATES WHO TO PUT ON THE BALLOT?

shermangeneral wrote:Well then who decides which name will appear on the ballot as the Democrat and Republican nominees for President in each state?

Is it the state Democrat and Republican Chairmen?

Is it the Secretary of State of the respective states?

Or do the laws vary from state to state?

OR DO THE NATIONAL dEMOCRAT AND REPUBLICAN pARTY cHAIRMEN TELL THE STATES WHO TO PUT ON THE BALLOT?

Sherm, I believe "said names" are determined by a "vote" by the Delegates attending the respective National Conventions of each Party that is fielding a POTUS Candidate.

The winning Candidate then chooses his/her VPOTUS candidate ..... and (I assume) the DNC, RNC, etc. accepts said as the Official Candidates for their Party. This also makes it obligatory for the respective State Delegates to do likewise, ...... as well as the respective State Democrat, Republican, etc. Chairmen.

And thus it becomes obligatory for said names to be transmitted to the respective Secretary of State and/or the respective County Chairmen and then to the respective County Clerks for inclusion on the General Election Ballot.

Sherm, once the Candidates names have officially been confirmed at the Convention ....... I do not think it possible for a State and/or County to substitute a name and use/include said under the Party name on the Ballot.

If attempted, their arse would be in front of a Judge ...... lickety split.

cheers

Well Sam I think that is a well reasoned opinion.

However you do not address what the law actually says.

It is more or less a summary of how you think it should be. Or what you assume.

But I suspect that it is not as clear-cut where the rubber meets the road.

I suspect that especially the Dem Parties of Mich and Fla would be able to fill the ballot as they see fit if they are excluded from the nominating conventions.

And even among those states that do attend I doubt the state Parties are bound by the DNC legally.

But I admit that is just my opinion.

And I am also enough of a political realist to know if it makes it to the ussc the republicans will rule whichever way they think will benefit the republican nominee (McCain).