[EL] Secret signatures and secret ballots

[Doug Hess]

Thanks. So in the minority of states you must collect signatures to run for
Congress? Or do some require neither (which would be odd, come to think of
it).

Is CA one that requires signatures to run for Congress?

Doug Hess
202-277-6400 (cell)

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On Tue, Oct 18, 2011 at 7:26 PM, Richard Winger <richardwinger at yahoo.com>wrote:

>   In a slight majority of states, congressional candidates running in a
> partisan primary need no signatures, although generally they must pay a
> filing fee if they don't want to submit signatures.  It doesn't matter if
> the candidate is an incumbent or not.
>
> Richard Winger
> 415-922-9779
> PO Box 470296, San Francisco Ca 94147
>
> --- On *Tue, 10/18/11, Doug Hess <douglasrhess at gmail.com>* wrote:
>
>
> From: Doug Hess <douglasrhess at gmail.com>
>
> Subject: [EL] Secret signatures and secret ballots
> To: law-election at department-lists.uci.edu
> Cc: VOLOKH at law.ucla.edu
> Date: Tuesday, October 18, 2011, 4:19 PM
>
>
>   I'll take a shot at this question...sorry if I missed similar responses
> in the digest.
>
> Votes and signatures function differently in at least two important ways,
> the first is a matter of the effectiveness of a political act; the second, a
> matter of rhetoric (in the older sense of the word, as in "giving reasons"):
>
>
> 1) Effectiveness of the Act
> 1a) The number of signatures needed for a petition to succeed simply needs
> to surpass some threshold (the required number to pass and the extras needed
> to ensure sufficiency) that may not be easy to collect, but is at least
> known (i.e., an extremely fearful supporter could do something else for the
> campaign instead of signing the petition and know the purpose of signing had
> been achieved once the threshold was met).
> 1b) The number of votes, and your vote, has to pass some (generally)
> unknown number of votes that your opponent is getting. More importantly,
> perhaps, given that most elections are settled by a large margin, your vote
> is expressive and all that. Even if you know your candidate will win, I
> think voters like the idea of being recorded, etc.
>
> 2) Rhetoric of Action (i.e., giving reasons for your action)
> 2a) Signing a petition does help it, but the action could be justified as
> just "putting it on the ballot"; this argument actually works, in my
> experience, when asking people to sign a petition for candidates they don't
> like (don't forget, candidate petitions are public) or for an initiative
> they don't agree with.
> 2b) Voting, on the other hand, is a much more definitive act of support.
>
> If both of your neighbors are running for Mayor, you might sign a petition
> for both even though you don't care for one. You can justify this and even
> denounce one if you want to. However, if they get to know that you voted
> against one of them, and this bothers you or is threatening in some way, you
> might stay out of the election entirely.
>
> As an aside:
>
> Do members of congress have to collect signatures each time they run? Or
> does that vary by state? Or only if you're a non-incumbent? I ask because I
> strongly suspect that politicians complaining about "voter registration
> fraud" likely have handed in petition forms that had far more bad signatures
> and errors than voter registration applications by citizen drives. I recall,
> this was awhile back, that the rule of thumb was that candidates and
> initiatives need to gather something like 20 to 25 percent more signatures
> on their petitions than needed to ensure that they had a sufficient number.
>
> -Doug
>
> From: "Volokh, Eugene" <VOLOKH at law.ucla.edu<http://mc/compose?to=VOLOKH@law.ucla.edu>
> >
> To: "law-election at uci.edu <http://mc/compose?to=law-election@uci.edu>" <
> law-election at uci.edu <http://mc/compose?to=law-election@uci.edu>>
> Date: Tue, 18 Oct 2011 07:20:27 -0700
> Subject: [EL] Secret signatures and secret ballots
>
>                 I thought I’d pose two questions to the list ; the
> questions are related, but I hope people might consider them.
>
>                 1.  Say that we’re deciding whether to adopt the secret
> ballot, and there are two options on the table: (a) the secret ballot, and
> (b) a regime in which people’s votes are recorded, but employers and other
> institutions are barred from discriminating based on a person’s vote.  Which
> do we think might be superior, considering both
> (i) the possibility that the antidiscrimination regime won’t be easily
> enforceable and thus might not give much assurance to voters that they need
> not fear discrimination, and
> (ii) the interest of some employers, contracting parties, and others in,
> for instance, not employing someone who is known to them and to their
> customers as a supporter of some hypothetical KKK Party, or of a militantly
> anti-American party (whether Communist or otherwise), or a ballot measure
> whose content undermines confidence in the employee’s commitment to his job?
>
> 2.  Assuming that your answer to the first question is (a), because the
> secret ballot gives voters more confidence that their vote won’t be held
> against them, while at the same time diminishing the burden on employers,
> why exactly should the answer be different as a policy matter for signing an
> initiative petition as opposed to voting on the petition?  Both involve
> voters exercising their lawmaking power, and not just speaking.  Both
> involve each voter having only a very minor effect on the election (unlike
> legislators, whose impact on a result is likely to be much greater).  Both
> involve voters being potentially deterred from expressing their true views
> by fear of retaliation.  To the extent one thinks that some retaliation,
> such as remonstrances or even boycotts, is valuable, both involve that
> equally as well.  Why should we treat one form of voter participation in the
> lawmaking process differently from the other?
>
>                 Eugene
>
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