[EL] Laws About Candidate Name Form On Ballot

Sun Feb 28 06:17:00 PST 2016

In 1976, South Carolina and Virginia election officials told Jimmy Carter that they would not print that name on the general election ballot.  They said they would only print "James Earl Carter."  But Carter threatened to sue them, and they gave in, and printed "Jimmy Carter."  The issue had no arisen in the presidential primaries because those two states didn't have presidential primaries in 1976.
 Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147

      From: Adam Bonin <adam at boninlaw.com>
 To: Carl Klarner <carl.klarner at gmail.com> 
Cc: "edu law-election at uci. edu law-election at uci." <law-election at uci.edu>
 Sent: Sunday, February 28, 2016 5:49 AM
 Subject: Re: [EL] Laws About Candidate Name Form On Ballot

In PA, the candidate can use a nickname if s/he has "continuously and routinely transacted business and social affairs in" that name, is "widely known in the community and by the electorate under" that name, and refusal to use it on the ballot "will confuse the voters to theextent that their right to vote for the candidate of their choice will be diminished."  More or less.
On Sun, Feb 28, 2016 at 1:45 AM, Carl Klarner <carl.klarner at gmail.com> wrote:

Hi All,
Does anyone know of sources of information about state requirements pertaining to how candidate names may/must appear on ballots?  I'm interested in things like whether candidate nicknames are allowed on the ballot, whether they must be set off by quotes if they appear, whether only legal names can be used, whether middle initials must be used, whether diminutive versions of first names are permitted, etc.  I'm not asking about write-ins or ballot order.  
I include a few states' provisions below, Nevada having the most extensive among them.  
Thanks,
Carl

NVhttp://www.leg.state.nv.us/nrs/nrs-293.html#NRS293Sec256NRS 293.256  Names of candidates on ballotsnot to include title, designation of profession or occupation.  In any election regulated by this chapter,the names of candidates as printed on the ballot shall not include any title,designation or other reference which will indicate the profession or occupationof such candidates.  (Added to NRS by1969, 20; A 1995, 2624)NRS 293.2565  Use of given names, surnamesand nicknames on ballot; use of additional criteria to distinguish betweencandidates having same given names and surnames.     1.  Except as otherwise provided in subsection 2, in any election regulated bythis chapter, the name of a candidate printed on a ballot may be the given nameand surname of the candidate or a contraction or familiar form of his or hergiven name followed by his or her surname. A nickname of not more than 10letters may be incorporated into the name of a candidate. The nickname must bein quotation marks and appear immediately before the surname of the candidate.A nickname must not indicate any political, economic, social or religious viewor affiliation and must not be the name of any person, living or dead, whosereputation is known on a statewide, nationwide or worldwide basis, or in anyother manner deceive a voter regarding the person or principles for which he orshe is voting.     2.  In any election regulated by this chapter, if two or more candidates havethe same given name and surname and:     (a) None of the candidates is an incumbent, the middle names or middleinitials, if any, of the candidates must be included in the names of thecandidates; or     (b) One of the candidates is an incumbent, the name of the incumbent must belisted first and the word “Incumbent” must appear next to the name of thecandidate who is the incumbent.      (Added to NRS by 2003, 1714; A 2011, 2086) ARhttp://www.arkansas.gov/sbec/faqs/Q: Mustthe county clerk provide the county board of election commissioners with copiesof each candidate’s political practices pledge?A: Acandidate for county, township, school, and municipal office files his or herpolitical practices pledge with the county clerk, but the county board ofelection commissioners is responsible for certifying the form in which thesecandidates’ names will appear on the ballot.The law does not specify aformat for providing the information to the county board. It is the opinion ofthe State Board staff that the best practice would be for the county clerk toprovide copies of the political practices pledges to the county board ofelection commissioners for the purpose of reviewing the names and titles proposedto be used by the candidates to ensure compliance with the requirements of thelaw. [A.C.A. §§ 6-14-111; 7-6-102; 7-7-305(c); 7-10-103(f)] CAPretty permissive.  http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=13001-14000&file=13100-1312113103.  Every ballot shallcontain all of the following:   (a) The title of eachoffice, arranged to conform as nearly aspracticable to the plan set forth in this chapter.   (b) The names of allqualified candidates, except that:   (1) Instead of the namesof candidates for delegate to thenational conventions, there shall be printed the names of thepresidential candidates to whom they are pledged or the names ofcandidates for chairmen of party national convention delegations.   (2) Instead of the namesof candidates for presidential electors,there shall be printed in pairs the names of the candidates of therespective parties for President and Vice President of the UnitedStates. These names shall appear under the title "Presidentand VicePresident."   (c) The titles andsummaries of measures submitted to vote of thevoters. 13104.  If a candidatechanges his or her name within one year ofany election, the new name shall not appear upon the ballot unlessthe change was made by either of the following:   (a) Marriage.   (b) Decree of any courtof competent jurisdiction. DEhttp://delcode.delaware.gov/title15/c045/index.shtmlDoesn’t say anything about the form of the names.   TXhttp://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.52.htm(b) A candidate's name shall be placed on the ballot in theform indicated on the candidate's application or, if the application was notfiled with the authority, in the form certified to the authority.  
-- 
Dr.Carl KlarnerAcademic/ Political ConsultantKlarnerpolitics.comFormerAssociate Professor of Political ScienceCarl.Klarner at gmail.comCell:812-514-9060
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