Subject: Re: [EL] Third Party Effects
From: Ed Feigenbaum
Date: 11/3/2010, 7:39 AM
To: Election Law

Couldn't resist weighing in on the colloquy between Lloyd and Richard, with specific reference to the CD 02 race in Indiana.

Over the final weekend, the Indiana Democratic Party spent some $15,000 on a mailer to about 20,000 carefully screened CD 02 households. The mailer, clearly identified in several places as paid for by the Indiana Democratic Party, touted the virtually unknown Libertarian in the race, Mark Vogel, as the true conservative or the most conservative candidate in the race (they did the same in the previous week for the LP nominee in the closely contested CD 09).

A peek at the mailer can be found on this TV station web site or at the LP candidate's site:

http://www.indianasnewscenter.com/news/local/Libertarian-Party-of-Indiana-Denounces-Democrat-Tactics-106401384.html

http://vogel4congress.com/?p=216

Libertarians professed to be grossly offended (see the release below), but, when pressed in TV interviews, acknowledged that it would likely end up helping their candidates.

http://lpin.org/2010/10/31/press-release-indiana-democratic-party-endorses-libertarian-mark-vogel-for-congress-in-new-mailer/


They also talked about filing an FEC complaint, but must have realized that with the disclaimer requirements being fulfilled, there was nothing to pursue.

An interesting oddity that may have helped put Democratic Congressman Donnelly over the top, given the margin that Lloyd pointed out.

--Ed
I hope everyone will bear in mind that the evidence frequently contradicts the conventional wisdom about "spoilers" and Libertarians automatically hurting Republicans, and Greens automatically hurting Democrats.

Neutral, professional polls this year in Nevada sometimes asked people about their intentions for US Senate if the Tea Party weren't on the ballot, and the results were that Tea Party voters were just as likely to vote for Harry Reid as Sharron Angle.

Political science research set forth in Sam Lubell's "Future of American Politics" showed that in 1948, Harry Truman would have lost if Henry Wallace had not run against him as the Progressive Party nominee.

The recent best-seller "Predictably Irrational" used experimental research to explain why the conventional wisdom about making choices is wrong.

Both poll data, and election returns data, shows that Ralph Nader did not injure John Kerry in 2004.

There is also hard election results data showing that Libertarians do not injure Republicans.

--- On Wed, 11/3/10, Lloyd Mayer <lmayer@nd.edu> wrote:

From: Lloyd Mayer <lmayer@nd.edu>
Subject: [EL] Third Party Effects
To: "Rick Hasen" <Rick.Hasen@lls.edu>, "Election Law" <election-law@mailman.lls.edu>
Date: Wednesday, November 3, 2010, 5:29 AM

One congressional race where the presence of a third party candidate may have been decisive is in my home district of Indiana-2.  The incumbent Democrat, Joe Donnelly, won by about two thousand, five hundred votes out of approximately 190,000 cast, narrowly edging out the Republican candidate.  A Libertarian candidate received almost 9,445 votes, or almost four times the margin of victory.  For exact figures, see http://64.255.123.76/indiana.htm.

Lloyd Hitoshi Mayer

Associate Professor

Notre Dame Law School

P.O. Box 780

Notre Dame, IN 46556-0780

Phone: (574) 631-8057

Fax: (574) 631-4197

Web Bio: http://law.nd.edu/faculty/lloyd-hitoshi-mayer

SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=504775

 

 

 

Questions for Tomorrow

How did Independents and third party candidates do, did their presence affect any D-R races, and what of "none of the above" in Nevada? What we know now is that independent Chafee won the R.I. gubernatorial race, Tancredo lost in Colorado, None of the above is polling under two percent in the Reid-Angle race, but it is doing much better than the "Tea Party" candidate in that race (who some allege was put there by Democrats to take votes away from Angle.)

Posted by Rick Hasen at 09:07 PM


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