Category Archives: third parties

Political Parties—A Fresh Look

We have a political party that was elected in part because Americans are concerned about the price of groceries. Now that they hold three branches of government, their primary budget goal is to maintain and extend tax breaks that overwhelmingly benefit the very wealthiest in our society. And to pay for it, they are likely to target food assistance and subsidies to health care through Medicaid and Medicare.

While I truly appreciate this blog, most of what is discussed about parties is the same-old, same-old from political science: increase party competition or reform how candidates are selected to achieve a functioning political market. We have been on this train for decades and it has not worked. It is time for fresh ideas and fresh diagnoses of how we got to where we are. In that vein, I wanted to share an excerpt from an article I wrote almost a decade ago, which I happened to be rereading yesterday, and which seems still fitting for this moment.

The puzzle of how to curb the tendency of elected officials to act out of self-interest or at the behest of special interests has plagued the republic since the Founding. Even as the Founders aspired to a republican form of government in which legislators would govern in the public interest, rather than simply vindicate their constituents’ particularized advantages, they fretted over the potential for elected representatives to act out of self-interest or at the behest of special interests. Throughout the ratification debates, for instance, Anti-Federalists raised concerns that the new Constitution would give rise to “a system in which the people would be effectively excluded from the world of public affairs and in which national leaders, only weakly accountable, would have enormous discretion to make law and policy.”

The Constitution’s primary answer to the threat of unaccountable politicians is periodic elections.  Regular elections, it was thought, would guarantee that representatives remained bound to their constituents. The structural features of separation of powers and federalism would provide “auxiliary precautions.”

The shortcomings of elections as instruments for ensuring responsiveness are well known. Among their myriad limitations as vehicles for producing accountability, one has proven particularly intractable: the quality of political participation. Even in a world of competitive districts in which turnout is high and representative, democratic accountability turns on voters having sufficient information to assess the adequacy of representation. Unfortunately, individuals face significant barriers when it comes to monitoring elected officials, and policy ignorance among voters is much more common than is policy knowledge.

Responsible party government pursued an indirect solution to the pervasiveness of voter ignorance. Presenting voters on election day with a choice between clear ideological brands, it hypothesized, would substitute for actual knowledge. Meanwhile, an interest in winning office would incentivize the production of brands responsive to voter preferences.  As in the economic market, political parties would compete to provide the most desirable good, and accountability would follow.

The shortcut proved to be fool’s gold. Merely consuming the political brands manufactured by party elites has not been enough to produce accountability. Despite the increasingly clear choice voters face, the weight of the evidence confirms the Anti-Federalists’ worst fears. At the national level, our leaders are millionaires, “only weakly accountable” to the people, who leverage their enormous policy discretion largely to the advantage of others like themselves. Donors and ideological partisans have become the target audience for party brands, and concern for the preferences of the general electorate is largely coincidental.

What then would happen if one sought to create a system of political accountability the hard way–by seeking to increase informed political participation? The relationship between electoral participation and democratic accountability is certainly complex. 

More to come soon . . . but for the curious . . .

Individual voters may not be capable of monitoring elected officials to hold them accountable, but the same is not necessarily true for organized voters.  It is no accident that federal policy is highly solicitous of the needs of older Americans; they succeed in asserting their interests because they are more politically active and better organized than most Americans.

. . .

New possibilities arise when one resists the urge to overstate the implications of the data supporting voter ignorance. While voter ignorance is certainly pervasive, it need not preclude a path to political accountability in which informed political participation plays a critical role. That route, however, becomes visible only when one puts social ties and membership organizations back into the picture. A substantial body of empirical work supports the hypothesis that intermediary associations, including political parties, can spur political participation and facilitate a two-way street of communication between elites and ordinary citizens [in ways, I would now add, improve policy responsiveness and accountability.]

This is basically why I have become, over the last decade, more interested in third-party politics at the state and local level, and hence the problem of anti-fusion law.

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NJ Appellate Court Upholds State’s Ban on Fusion Candidacies

The New Jersey Appellate Division held that the state’s ban on fusion candidacies does not violate the State Constitution. New Jersey, like other states, prohibits a candidate for public office from appearing on a ballot as the nominee for multiple parties. As elsewhere, New Jersey’s anti-fusion law was passed in the early twentieth century to entrench the major parties’ political power–although the N.J. appellate court appears to have dismissed this history, emphasizing instead its adoption as part of a “broader effort to reform the electoral system” during the Progressive Era. Perhaps unsurprisingly, the court proceeded to uphold the law.

Emphasizing that there was no reason to interpret the N.J. Constitution differently from the U.S. Constitution in this regard, the decision follows the analysis of the widely criticized decision in which the U.S. Supreme Court upheld such laws against a First Amendment challenge, Timmons v. Twin Cities Area New Party, (1997).

The case is part of a larger state court litigation strategy, supported by many scholars, including myself. An appeal is expected.

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“Most Third Party Voters Support Ranked Choice Voting and Preferred Trump Over Harris, Poll Finds”

FairVote:

new nationwide poll from FairVote and Lake Research Partners surveyed Americans who voted for third-party and independent candidates for president. Key findings include: 

  • 87% of third-party voters say they are aware of ranked choice voting (RCV). 86% say they support it. 
  • These voters preferred Donald Trump over Kamala Harris. In the poll, Jill Stein voters (66%), Robert F. Kennedy Jr. voters (59%), and Chase Oliver voters (a 36% plurality) all preferred Trump to Harris.
  • Given a choice between only the two major-party candidates, most third-party voters would still vote, but 13% say they would not and 5% are not sure. 
  • These voters are ideologically committed to voting third-party. They like and trust third-party candidates, strongly dislike the two-party system, and strongly dislike the status quo.

The November survey included 538 people who voted for Jill Stein, the Green Party nominee; Chase Oliver, the Libertarian nominee; and independent candidates Robert F. Kennedy Jr. and Cornel West. 

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“‘It’s a very dangerous strategy’: The controversial tactic super PACs used to boost Democrats this year”

This Politico story highlights money spent on third-party candidates thought to boost Democratic chances of victory. 

But I’m genuinely pretty confused by the reporting: there’s a claim that the tactic “was used significantly more this year than in other recent elections, a POLITICO analysis found,” but the way the data are presented in the piece, it’s difficult to follow who spent what on whom, and how that compares to other cycles, and it seems like it includes both spending on third-party candidates and attack ads critiquing Republicans from the right.  And though the piece says that “[b]oth parties have long sought to leverage third-party candidates to help them in their races,” there’s no mention of the amount spent in a similar fashion to help Republican candidates.

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“No Labels goes after opponents of third-party presidential bid in court”

WaPo:

Leaders of the centrist group No Labels abandoned a planned third-party presidential bid in April after a successful campaign by Democratic allies of President Joe Biden damaged their public appeal and undermined their ability to recruit electable candidates.

Now leaders of No Labels are fighting back in three federal courtrooms with a sprawling legal-discovery effort aimed at exposing the secret machinations they believe led to their project’s demise. Leaders of the moderate Democratic group Third Way and of Investing in US, a political operation funded by LinkedIn co-founder Reid Hoffman, are fighting to limit the document production.

But documents already unsealed by the courts reveal remarkable details about private proposals for a wide range of hard-nosed tactics that would go beyond public efforts like ads, op-eds and meetings to discourage the No Labels campaign. The documents include emails exchanged between various Democratic strategists involved with efforts to oppose No Labels.

“Our main focus should be brand destruction but, where possible, we also need to throw up any and all roadblocks to stop them from being successful at signature-gathering,” Lucy Caldwell, one of the anti-No Labels strategists, wrote in a document uncovered during the legal battle.

A separate “Direct Action Campaign” proposal, which was never fully adopted, called for the personal harassment of No Labels founder Nancy Jacobson and her husband, Mark Penn, a former adviser to Bill and Hillary Clinton.

The proposal to “socially stigmatize” Jacobson and Penn, according to documents revealed in court,included plans to hire clowns “to hangout on their block” in the Georgetown area of D.C., post fliers in the neighborhood attacking the couple, send a “truck carrying musical performers” to wake them up at 6 a.m., and fly banner planes over Harvard University’s graduation attacking Penn, who does a poll for the university as chair of the Harris Poll and CEO of the marketing company Stagwell. Penn did not play a role in the No Labels presidential bid, according to the group….

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Richie: “Weaponizing Minor Parties: 2024 Edition”

The following is a guest post from Rob Richie:


Weaponizing Minor Parties: 2024 Edition

By Rob Richie

The presidential election will come down to which candidate wins in the seven swing states – the same closest states from 2020 that again have drawn an overwhelming share of presidential campaign spending and time. Yet every swing state ballot has more than two presidential candidates. Libertarian Chase Oliver is making Republicans nervous due to being on the ballot in all seven states, while anti-abortion activist Randall Terry is on three swing state ballots. Running from the political left, the Green Party’s Jill Stein is on six ballots (all but Nevada), and Cornel West on three. Robert Kennedy Jr. remains on two swing state ballots despite his campaign’s efforts to withdraw his name.

It’s a near certainty that the “tipping point” presidential state will be won without a majority of the vote – just as in six of the last nine presidential elections – and there will be a “Ralph Nader narrative” of a minor party splitting the vote and changing the outcome. Learning from Nader’s impact in 2000, major party donors and operatives have shamelessly sought to benefit from “spoilers” enabled by our dominant plurality, singe-choice voting method. FairVote this year has documented these tactics, while Forbes Magazine provided a valuable overview of a string of major party interventions to boost or block minor presidential candidates based on partisan calculation. I wrote about weaponization of voter choice in a similar guest blog in 2020, but this election has seen new levels of seeking to game our plurality voting rules. 

As a reminder of just how bad it can get, consider a key Florida state senate race in 2020 that helped Republicans reach a supermajority needed to dominate state government. As part of a tactic used in several races. GOP operatives recruited a “ghost candidate” with the same name as the Democratic incumbent to run as an independent. He won more than 6,000 votes in a race won by the Republican by 34 votes. The fact that a key architect of the scheme, former state senator Frank Artiles, was convicted of felonies for his role didn’t change the fact that Republicans got what they wanted.

This year the Democrats have regularly sought to combat and exploit our elections’ spoiler loophole, starting with the Democratic National Committee investing in a full-time office run by Lis Smith focused on minor parties. Democrats helped push No Labels and Robert F. Kennedy Jr. out of the race, then threw a range of legal and administrative obstacles to efforts by Jill Stein and Cornel West to get on ballots and created anti-Stein ads.

Democrats also strategically boosted conservative candidates. Democrats sought to block all minor parties from the Georgia ballot except the Libertarian nominee and Georgian Chase Oliver, while Civic Truth Action, a Super PAC with ties to the Democratic election firm Elias Law Group, recently paid for at least $1.5 million in swing state ads backing Oliver as “ a “true conservative” who will “abolish income taxes” and “dismantle the nanny state.” The New York Times reported on major Democratic spending on behalf of Operation Rescue activist Randall Terry.

Democrats have been active down the ballot as well Consider these headlines

The Examiner story adds a particularly troubling twist. Alaska has ranked choice voting, a system designed to defang this weaponization of voter choice by giving minor candidate backers the right to indicate backup choices that will count if that candidate is eliminated by finishing last and no candidate wins a majority. Yet the Democratic-linked ad not only lifts up U.S. House candidate John Howe as the “real conservative,” but also urges voters to rank only him – essentially the equivalent of ads telling voters that this year Election Day is on Wednesday.

If not as overtly active up and down the ballot this cycle, Republicans are far from blameless. Donald Trump has called Cornel West “one of my favorite candidates” and said of the Green’s Jill Stein: “I like her very much. You know why? She takes 100% from them. He takes 100%.” The GOP has done a range of major spending and litigation to boost both Stein and West, as reported in detail by the Associated Press, the Washington Post, and Wall Street Journal. Republicans also successfully blocked the Constitution Party from the presidential ballot in the quintessential swing state of Pennsylvania.

The courts may not be immune from calculations about “spoiling” as well. After withdrawing from the race and endorsing Trump, Robert F. Kennedy Jr. went from a candidate that the Democrats feared to one who might more clearly hurt Trump. Facing similar fact patterns of administrative burdens that would be created by seeking to remove Kennedy from the ballot, the Democratic-controlled state supreme courts in Michigan and Wisconsin ruled that he should stay on the presidential ballot, while conservatives on the North Carolina supreme court ruled he should come off. 

So what can we do about all gaming voter choice? We don’t see anything comparable to it in countries with similar plurality voting systems like Canada and the United Kingdom, so public shaming certainly is warranted. Yet operatives arguably are just playing with the rules our leaders have the power to change. In our era of calcified partisanship and high-stakes elections, there are only so many ways to get an edge – inspiring more voters to go to the polls, changing voters’ minds, or persuading backers of the other party to stay home. In the hunt for new ways to tip close races, I expect steering votes to or away from minor parties to be an escalating tactic in our politics – and one that only deepens voter cynicism.

But we do have the power to change it. Today, voters in Alaska and Maine will vote for president and Congress with ranked choice voting (RCV) and turn the power on whether to “spoil” entirely in the hands of voters. Four more states and the District of Columbia may adopt RCV. Looking forward, we have a choice: resigning ourselves to ongoing escalation of weaponization of voter choice or ending the practice through RCV’s expanded use.

Rob Richie is co-founder and senior advisor of FairVote.

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“In a Tight Presidential Race, Third-Party Candidates Present a Wild Card”

NYT:

With a month to go before what is widely expected to be an extraordinarily close election, an extra element of unpredictability looms: In every battleground state, there is at least one third-party or independent presidential candidate on the ballot.

None of these candidates will come anywhere close to winning the presidency. Jill Stein, the Green Party nominee, is polling at about 1 percent nationally, according to New York Times polling released last week. Same with Chase Oliver, the Libertarian Party candidate.

But their presence on the ballot in just a few states could take just enough votes away from the major party candidates to tip the balance of the Electoral College and the election, in what is known as the “spoiler” effect.

To be a spoiler in the election, a third-party candidate would “either have to have a large amount of support, or the election has to be remarkably close,” said Bernard Tamas, a professor of political science at Valdosta State University who has written a book on third parties in U.S. politics.

The article includes a helpful graphic set of maps showing ballot access for each of the minor party candidates.

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“Republicans Boost Jill Stein as Potential Harris Spoiler”

WSJ:

Some Republicans are supporting Green Party candidate Jill Stein’s long-shot bid for the presidency, attempting to bolster a campaign that could siphon liberal voters from Vice President Kamala Harris.

The support, including from allies of former President Donald Trump, has Democrats worried Stein will be a spoiler for Harris in places such as Michigan, Wisconsin and Pennsylvania. Stein is very unlikely to win any of them or reach the White House, but the Democrat’s path to victory is greatly diminished if Harris loses any of the three, where she is locked in a tight race with Trump. The prospect of Stein taking some of Harris’s support in those states causes heartburn for Democrats still smarting over Hillary Clinton’s loss there in 2016, when Stein was also on the ballot.

All that is beside the point, according to Stein. She says her candidacy represents a legitimate moral challenge to America’s two-party system, and she pitches herself as the change agent sought by millions of voters—not just liberals. She rejects the notion that her presence in the race could help Trump.

“It is a propaganda campaign intended to tell the voters that resistance is futile, that you just need to accept being thrown under the bus,” Stein said in an interview. “There is no lesser evil in this race.”…

The Green Party is poised to be on the ballot in most battleground states and at times accepted help from Trump-affiliated lawyers to secure ballot access.

Former Trump lawyer Jay Sekulow, who worked on the defense team in one of the former president’s impeachments, was among those representing the Green Party in efforts to get Stein back on the Nevada ballot after she was removed because of incorrect petition forms. The Supreme Court on Friday rejected the Nevada Green Party’s bid to restore Stein to the ballot….

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A message to the “third-party curious”

Micah Sifry offers a thoughtful reflection on how to engage with those who feel alienated with our two-party system. Sifry notes, “All seven key battleground states will have at least one spoiler candidate on the ballot,” and only a few months ago, “one-quarter of Americans [said] they didn’t feel represented by either party.”  Unlike those pushing to keep these parties off the ballot, Sifry offers a message to the “third-party curious on the left” as well as important resources about effective third-party politics in the U.S.

“In my humble opinion, the message to bring to third-party curious voters on the left is simple: Your idealism is admirable. We need you to keep pushing for real change. But until we change our two-party system, either to a proportional representation system or one that (like New York and Connecticut) allows smaller parties to “fuse” by cross-nominating candidates, voting for third-party candidates in close elections won’t advance your cause. Kamala Harris and Tim Walz aren’t perfect, but if elected you’ll be able to keep pushing them. The opposite will be true under Trump-Vance.

This isn’t a message that will convince everyone, and it’s important to recognize that some third-party voters have never voted for a major party candidate. We see these people in every state in every election. For them, voting is a moral act, not a tactical one. Asking them to give up that belief is like insisting a vegan eat meat.”

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“Robert F. Kennedy Jr. abandons plan to seek votes in uncompetitive states”

WaPo:

Robert F. Kennedy Jr., the independent presidential candidate who recently endorsed Donald Trump, called on his supporters Thursday to vote for the Republican nominee no matter where they live, reversing instructions he gave two weeks ago when he encouraged voters to still vote for Kennedy if they lived in uncompetitive states.

“No matter what state you live in, I urge you to vote for Donald Trump,” he wrote in a fundraising email. “The reason is that is the only way we can get me and everything I stand for into Washington D.C. and fulfill the mission that motivated my campaign.”

The new message comes as he has expanded the list of Republican-leaning states where he seeks to remove his name from the ballot, even as he continues to fight to add his name to ballots in blue states where Democratic nominee Kamala Harris is expected to win.

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“RFK’s withdrawal from Arizona’s ballot signals a likely end to his presidential bid”

NPR:

Independent presidential candidate Robert F. Kennedy Jr. has filed paperwork to withdraw his name from Arizona’s ballot, a sign his long-shot candidacy may be ending.

Kennedy had already planned to give remarks Friday in Arizona, on his “path forward.”

Republican presidential nominee Donald Trump will also be in Arizona Friday, and Kennedy’s running mate, Nicole Shanahan, recently said that she and Kennedy may “walk away right now and join forces with Donald Trump.”

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“Democrats get a third-party hopeful knocked off Pennsylvania ballot, as Cornel West tries to get on”

AP:

Pennsylvania Democrats have won legal challenges keeping the left-wing Party for Socialism and Liberation off the battleground state’s presidential ballot, at least for now, while a lawyer with deep Republican Party ties is working to help independent candidate Cornel West get on it.

The court cases are among a raft of partisan legal maneuvering around third-party candidates seeking to get on Pennsylvania’s ballot, including a pending challenge by Democrats to the filing in Pennsylvania by independent presidential candidate Robert F. Kennedy Jr.

A Commonwealth Court judge agreed with two Democratic Party-aligned challenges on Tuesday, ruling that the paperwork filed by the Party for Socialism and Liberation was fatally flawed and ordering the party’s presidential candidate, Claudia De la Cruz, off Pennsylvania’s Nov. 5 ballot.

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