[EL] Laws About Candidate Name Form On Ballot

Mon Feb 29 07:11:38 PST 2016

I believe that two generations of the McGillicuddy family have appeared on Florida ballots in recent years, under the name “Connie Mack.” I don’t know but assume they also included the “III” and “IV” as appropriate?

Sean

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Richard Winger
Sent: Sunday, February 28, 2016 9:17 AM
To: Adam Bonin <adam at boninlaw.com>; Carl Klarner <carl.klarner at gmail.com>
Cc: edu law-election at uci. edu law-election at uci. <law-election at uci.edu>
Subject: Re: [EL] Laws About Candidate Name Form On Ballot

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 <mailto:adam at boninlaw.com> >
To: Carl Klarner <carl.klarner at gmail.com <mailto:carl.klarner at gmail.com> > 
Cc: "edu law-election at uci. edu law-election at uci." <law-election at uci.edu <mailto: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 the extent 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 <mailto: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

NV

http://www.leg.state.nv.us/nrs/nrs-293.html#NRS293Sec256

NRS 293.256  Names of candidates on ballots not 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 occupation of such candidates.  (Added to NRS by 1969, 20; A  <http://www.leg.state.nv.us/Statutes/68th/Stats199514.html#Stats199514page2624> 1995, 2624)

NRS 293.2565  Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same given names and surnames.

      1.  Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.

      2.  In any election regulated by this chapter, if two or more candidates have the same given name and surname and:

      (a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates; or

      (b) One of the candidates is an incumbent, the name of the incumbent must be listed first and the word “Incumbent” must appear next to the name of the candidate who is the incumbent.

      (Added to NRS by  <http://www.leg.state.nv.us/Statutes/72nd/Stats200314.html#Stats200314page1714> 2003, 1714; A  <http://www.leg.state.nv.us/Statutes/76th2011/Stats201117.html#Stats201117page2086> 2011, 2086)

AR

http://www.arkansas.gov/sbec/faqs/

Q: Must the county clerk provide the county board of election commissioners with copies of each candidate’s political practices pledge?

A: A candidate for county, township, school, and municipal office files his or her political practices pledge with the county clerk, but the county board of election commissioners is responsible for certifying the form in which these candidates’ names will appear on the ballot.

The law does not specify a format for providing the information to the county board. It is the opinion of the State Board staff that the best practice would be for the county clerk to provide copies of the political practices pledges to the county board of election commissioners for the purpose of reviewing the names and titles proposed to be used by the candidates to ensure compliance with the requirements of the law. [A.C.A. §§ 6-14-111; 7-6-102; 7-7-305(c); 7-10-103(f)]

CA

Pretty permissive.  

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec <http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=13001-14000&file=13100-13121> &group=13001-14000&file=13100-13121

13103.  Every ballot shall contain all of the following:

   (a) The title of each office, arranged to conform as nearly as

practicable to the plan set forth in this chapter.

   (b) The names of all qualified candidates, except that:

   (1) Instead of the names of candidates for delegate to the

national conventions, there shall be printed the names of the

presidential candidates to whom they are pledged or the names of

candidates for chairmen of party national convention delegations.

   (2) Instead of the names of candidates for presidential electors,

there shall be printed in pairs the names of the candidates of the

respective parties for President and Vice President of the United

States. These names shall appear under the title "President and Vice

President."

   (c) The titles and summaries of measures submitted to vote of the

voters.

13104.  If a candidate changes his or her name within one year of

any election, the new name shall not appear upon the ballot unless

the change was made by either of the following:

   (a) Marriage.

   (b) Decree of any court of competent jurisdiction.

DE

http://delcode.delaware.gov/title15/c045/index.shtml

Doesn’t say anything about the form of the names.  

TX

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.52.htm

(b) A candidate's name shall be placed on the ballot in the form indicated on the candidate's application or, if the application was not filed with the authority, in the form certified to the authority.

-- 

Dr. Carl Klarner

Academic / Political Consultant

Klarnerpolitics.com

Former Associate Professor of Political Science

Carl.Klarner at gmail.com <mailto:Carl.Klarner at gmail.com> 

Cell: 812-514-9060

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