Category Archives: Independents and third parties

Squashing the wrong problems

By Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

You know when you’re on your porch, and you notice a spider crawling by, but then you look closer and realize it’s not a black widow or a brown recluse, so it’s not poisonous, but then you wonder if maybe you could be wrong, so therefore it could be a threat, and plus it’s a nuisance? Those things multiply, and maybe they’ll get into the house, so you squash it just to be sure.

That’s kind of what the state’s establishment has done to independent candidates in Arkansas.

This past week, District Judge James Moody ruled in a case, Moore v. Martin, in favor of a 2013 law that requires independents to submit their required signatures – 3 percent of the voters in the last election, or 10,000 in statewide races – to the secretary of state by the end of the filing period. In a typical year, that’s the beginning of March.

Before the law was passed, independents could file at the same time as Democrats and Republicans and then collect their signatures while party candidates were campaigning for their May primaries.

The practical effect of the new law is that independents can’t survey the landscape like party candidates can do and then jump in the race. They must have already gathered their signatures to qualify for office by the same deadline that major party candidates sign up to run. They have to be walking the streets months in advance asking people to sign a petition. And instead of walking those streets in March and April as before, they now have to do it in January and February.

Except not this coming election. Because the Legislature moved next year’s primary elections to March 1, the filing deadline this year is Nov. 9. Independents have only 90 days to collect signatures, which means they would have to be beating the streets now for an election that won’t occur until November 2016.

The lead plaintiff in the case, Mark Moore of Pea Ridge, who ran for the state Legislature in 2012 as an independent, filed suit. Judge Moody agreed that the law creates a burden for independent candidates, but he accepted the state’s argument that it’s too difficult to verify those signatures in time, considering all the other things the state must do in an election cycle.

Which is a stretch. In 2014, there was one independent candidate for the Legislature, requiring the secretary of state’s office to verify only hundreds of signatures. In 2012, before the law was passed, there were seven. There’ve been a few other independent candidates run for other offices, but not many. Meanwhile, the secretary of state’s office will verify 67,887 signatures for each voter initiative and 85,859 signatures for any constitutional amendment that will be on the ballot in 2016.

What independents usually are is a nuisance for the establishment. In a given election, combined they represent a few thousand signatures that the secretary of state’s office has to verify. Meanwhile, for the major party candidates, they’re a variable they’d rather avoid dealing with. They’d rather just have one opponent, if it can’t be none.

I wish the halls of the Legislature and the Congress would become infested with independents scurrying around doing the people’s business without regard to party politics. But that’s not going to happen. Despite George Washington begging us to do otherwise, we’ve created a political system that almost guarantees that candidates will be a member of one of two parties. That’s the way it’s been for more than 200 years.

So why even bother with independents at all? Because there needs to be an option for candidates and voters who don’t agree with the two big parties or any of the smaller ones. The other reason is because the system needs an occasional nuisance – in fact, sometimes even a threat.

In the 1992 presidential campaign, Ross Perot won 19 percent of the vote campaigning as an outsider on one issue: the need to reduce the national debt, which at that point was $4 trillion. In the years following that election, President Clinton and Congress actually sort of balanced the budget. Was Perot the only reason? No, but he certainly helped. He changed the conversation, and 19 percent was a number even the major parties couldn’t ignore.

No candidate since then – Republican, Democrat or other – has been so effective at calling attention to the national debt. Few have even really tried. It’s now more than $18 trillion.

I think we’re trying to squash the wrong problems.

Taking stock of third parties, independents

By Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

Three events have occurred the past two weeks that are noteworthy, particularly for the growing number of voters who call themselves independents and the small percentage who actually vote for candidates who are not Republicans or Democrats.

First, on May 29, Gov. Asa Hutchinson signed into law a bill moving Arkansas’ 2016 primary elections from May to March 1. The stated goal was to include Arkansas early with other Southern states in the so-called “SEC primary” so the state would have more of a say in who the Democrats and Republicans nominate for president. It might help Mike Huckabee in his campaign a little by giving him an early state win.

A consequence is that challengers have less time to decide if they want to run against incumbents. That’s particularly the case for independents, who unlike party-affiliated candidates must collect signatures to qualify for the ballot. Under a bill passed in 2013, independents must submit their signatures by the end of the filing period. This election, that would be November, so they must begin collecting signatures in August for an election that won’t occur for another 15 months.

Mark Moore of Pea Ridge, who ran as an independent for the state House of Representatives in 2012, says the 2013 law requiring independents to file so early is unfair and unconstitutional. After all, it gives them the same deadline to qualify for the ballot after collecting signatures that it gives party candidates to merely sign up with their filing fee. When the primary is in May, independents must collect signatures in the dead of winter. The election before the law’s passage, seven independent candidates ran for the state Legislature, including Moore, who won 39 percent of the vote in a two-person race. In 2014 after the law was passed, only one independent ran for that body.

Moore wants a return to the old law, which allowed independents to file first and then collect their signatures. He’s filed a lawsuit and says legal precedents are on his side. His day in court is July 27.

Second, Rep. Nate Bell of Mena, ironically the co-sponsor of the law Moore is suing to end, announced June 2 that he himself is now an independent and no longer a Republican. So now the 135-member Legislature has only 134 Republicans and Democrats.

The third-term legislator, known for being quite outspoken, has not given a reason for his switch other than to say it would enable him to better serve his constituents. He was a strong opponent of moving the primary to March, arguing that it was unfair to candidates and their families.

Finally, just hours after Bell’s announcement, the Libertarian Party of Arkansas submitted 15,709 signatures to the secretary of state’s office, far more than the 10,000 signatures it needed to qualify for the 2016 election as a “new” party. Arkansas law requires it to do so because its candidate for governor did not receive 3 percent of the vote in the last election. Under state law, if the Libertarians’ presidential candidate does not win 3 percent in 2016, they’ll have to collect signatures again for 2018.

Libertarians call themselves the “party of principle,” and that principle is that they want much less government. They would cut all federal government programs significantly if not completely, including Social Security and Medicare, and they also would cut defense spending while legalizing marijuana.

The party’s newly elected chairman, economist Dr. Michael Pakko, points out that every Arkansas voter had at least nine Libertarians on the ballot in 2014, including all congressional races and all state constitutional offices. In the statewide races, no Libertarian candidate won more than 6.4 percent. A numbers guy, Pakko knows the party is not ready to win major elections, but he says the party is growing and will be a viable alternative if enough voters ever decide they’ve had enough of the major parties.

The way the American political system is set up almost guarantees a two-party system, despite the fact that parties are not mentioned in the Constitution and despite George Washington imploring his fellow Founding Fathers not to succumb to party politics.

America’s economic system, meanwhile, is designed to offer unlimited choices. In the cereal aisle I have dozens of viable alternatives.

I don’t want that many choices in the voting booth. But it seems like the political system could learn from the economic system, and give me more than two.

What now for third parties, independents?

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

It was a great week for Republicans. It was a terrible week for Democrats. And for third party and independent candidates, it was mostly more of the same.

I thought there might be a minor backlash against the U.S. Senate race’s negativity. Nope. Libertarian Nathan LaFrance and Green Mark Swaney each collected about 2 percent of the vote. Libertarians each won about 4 percent in the congressional races, except in the Third District, where Grant Brand won 21 percent as the lone challenger to Rep. Steve Womack.

The governor’s race mattered most to third parties because winning 3 percent would have qualified them for the 2016 ballot without having to collect 10,000 signatures. It didn’t happen. Libertarian Frank Gilbert won less than 2 percent, while Green Josh Drake won 1 percent. That means the two parties will have to beat the streets again in 2016.

Independent candidates – those associated with no party at all – weren’t much of a presence in Arkansas. No independents ran for state or national office, and only one ran for the Legislature, winning 29 percent of the vote.

If a candidate outside the two parties was to win anywhere, it would have been in Kansas. Independent Greg Orman, 45, a wealthy, well-spoken businessman, opposed Sen. Pat Roberts, a Republican who has been in Washington so long he doesn’t even own a home in Kansas. Despite polls showing the race a dead heat leading into the election, Roberts won easily.

Voters tell pollsters they’re disgusted with politics as usual, and a record number identify themselves as independents. But they still vote with one of the two parties. The backlash always has been against either Republicans or Democrats, not both. Jessica Paxton, chair of the Libertarian Party of Arkansas, points out that her candidates won far more votes this year than they did in 2012. Still, in this state, the trend is clearly moving toward Republicans, not against the two parties.

Everything about American elections favors a two-party system – including how votes are counted, the way districts are drawn, the sorting of the country into red and blue states, and, of course, the billions of dollars flowing to the two parties and their allies. Major party candidates have an army of professionals helping them; third parties are all-volunteer operations. Realistically, the easiest path to political change occurs within one of the two parties, not outside them. An example is the Tea Party, which succeeded in moving the entire Republican Party in its direction, at least temporarily.

But independent and third party candidates should not be realistic. They should do what they think is right. Libertarians believe in reducing government to such an extent that they simply don’t fit into either party. Greens want far more environmental protections than the corporate-dependent major parties could stomach.

So what now? Mark Moore, who had hoped to run for lieutenant governor as an independent, has filed a lawsuit against a state law passed in 2013 requiring independents to collect the required signatures by March of an election year – eight months before the actual vote. Court precedents seem to be on his side. He believes independents could be successful running for local and state legislative offices if they have deep roots in a community.

Third parties must field those same types of candidates. Ideally, well-known, wealthy candidates who believe deeply in the Libertarian or Green cause would run for governor or Congress, despite the fact they almost certainly would lose. Those candidates are rare. High achievers usually succeed partly because they are good at calculating the odds and picking the right battles.

Greens and Libertarians must make two other changes if they want to make a dent in elections.

First, both parties not only struggle to raise money, but they’re also philosophically reluctant to do so. They need to get over that. If I’ve never heard of you, then I can’t vote for you.

Second, both parties must be more inclusive and less ideologically driven. On the plus side, they make it clear where they stand. Unfortunately, too few voters agree with those stances. If they want to win more than 2 percent, they must broaden what they consider acceptable, think more tactically, and try to appeal to more people.

In other words, Greens and Libertarians should start acting more like Democrats and Republicans. Which, many of them probably would say, defeats the point.

Libertarian LaFrance pledges to limit own term, donate part of salary

By Steve Brawner

Nathan LaFrance of Bella Vista, the Libertarian candidate for U.S. Senate in Arkansas, today announced a “Leading by Example” pledge stating that he would serve no more than two terms if elected and would donate all after-tax income earned above his 2014 income to chaNathan LaFrance Candidate photorities serving Arkansans.

LaFrance, an employee of the Walmart corporate offices’s Energy Department, said in a press release that he is promising “to live the changes he will fight for in Washington, D.C.” He supports term limits in Congress, including two terms for senators, and he proposes “the phase out and elimination of all federal income redistribution programs, to be replaced by private charitable organizations.”

As part of the pledge, LaFrance also promises that his office “will be available to all Arkansans on a first come, first serve basis.  … A corporate CEO will wait their turn in line behind a dairy farmer; a millionaire will wait their turn in line behind a working parent struggling to put food on the table.”

LaFrance received 2.5 percent support in a poll released this week by Talk Business & Politics and Hendrix College.

Kansas independent could shake up Senate

By Steve Brawner
© 2014 by Steve Brawner Communications, Inc.

Note to subscribers: This is an updated version of this column that had been released earlier today.

The race between Sen. Mark Pryor and Rep. Tom Cotton is one of the two or three most important in the country because both political parties believe it will help determine control of the Senate. But another race could be even more important – the one in Kansas, where businessman Greg Orman, a member of no party, has a real chance to win.

Orman, an independent, had polled third in a four-man race in a recent Public Policy Polling survey, but with 23 percent support, he was not far behind Sen. Pat Roberts, the unpopular incumbent Republican. Roberts was leading with only 32 percent and had an approval rating lower than President Obama’s. That same poll revealed that, were this only a two-man race between Orman and Sen. Roberts, Orman would be leading, 43-33.

The four-man race is now a three-man race. The Democrat, Chad Taylor, who was second with 25 percent, dropped out Wednesday. The other candidate is Libertarian Randy Batson.

Taylor had little chance of winning in a state that hasn’t elected a Democrat to the Senate since the Great Depression. In fact, the best he could have done was split the anti-incumbent vote and elect the Republican, which would have been a huge irony. Typically the argument against voting for independents is that it’s a “wasted vote” – you know, you must vote for the major party candidate you dislike the least, or you’ll otherwise help the other major party’s candidate win. In this case, the Democrat would have been the spoiler. His party’s leadership obviously encouraged him to drop out.

Orman says he simply does not fit into either party. He was a College Republican in 1988, became a fan of independent Ross Perot in 1992, leaned Republican for a while, and then flirted with running against Roberts as a Democrat in the 2008 race. He says he voted for President Obama in 2008 and then Mitt Romney in 2012. In 2010, he founded the Common Sense Coalition, whose purpose has been to elect centrist candidates. “Historically, I’ve tried the Republican Party, I’ve tried the Democratic Party, and I’ve just finally decided that if we’re going to change things in Washington, we’ve got to attack the two-party system and stop supporting it,” he told MSNBC.

He describes himself as “fiscally conservative and socially tolerant,” which might not play well in Arkansas right now but apparently has some appeal in Kansas. The nationwide tension between the GOP’s various factions is boiling over in that state. On Wednesday, more than 70 moderate former Republican legislators announced they were supporting Orman, not their own party’s candidate.

Why am I writing about a Kansas race? Because of what might happen if Orman wins. There are already two independents in the Senate who align themselves with the Democrats. Orman says he will caucus with whichever party will adopt more of a solutions-oriented approach. If control of the Senate in this close election comes down to which party he chooses to align with, he then becomes a powerful swing vote. He could make demands. And that could get interesting.

Then what? There would be three independents out of 100 in the Senate. Maybe Orman’s model could create a template that other independent candidates could follow. Maybe a rich businessman in a state like Arkansas might decide to run as an independent, too. Maybe if there were six or seven independents in the Senate, they could form a “coalition of the uncorrupted” who side with either party or neither depending on the issue, forcing both to behave.

Of course I’m heading toward wishful thinking territory here. Eventually, that coalition would be corrupted, too. Also, two-party domination is almost inevitable the way our system is designed. The most likely good scenario is a shakeup that makes the system work a little better for a while. That’s what happened after 1992, when Perot won 19 percent of the vote basing his campaign on balancing the budget, and then congressional Republicans and President Clinton sort of balanced the budget.

Maybe it starts this time in Kansas.

Here is one of Orman’s ads.