Americans Elect is trying to become a qualified political party to list a presidential candidate for the 2012 ballot. In California, they are circulating the following petition:
(This scan leaves off the bottom of the form, which contains only circulator information).
California Elections Code section 5100(c) provides for a political party to qualify for the ballot as follows:
- If on or before the 135th day before any primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, verified and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words “Petition to participate in the primary election.”
It looks like the petition meets the boldface type, but arguably it does not “declar[e] that “they represent a proposed party…which proposed party those voters desire to have participate in the primary election.” The word “party” does not even appear on the petition. Kosher?