Arizona still has two pages in its election code, describing the "International Communistic Conspiracy", talking about the Soviet Union, and Cuba, and using all this obsolete history as a reason to ban the Communist Party. The law was declared unconstitutional in US District Court in 1973 and Arizona did not appeal, but the legislature refuses to repeal it. Many times at the beginning of legislative sessions, I have e-mailed all Arizona legislators and asked them to introduce a billl to repeal it. Twice a legislator told me he or she would. But both times, no such bill was ever introduced.
California still bans subversive parties from the ballot. Jerry Brown told me face-to-face in December 2006 that he would ask Senator Perata to introduce a bill to get rid of the law. But that never happened.
Illinois still
bans the "Nazi and Communist" Parties from the ballot. Ohio still bans subversive parties from the ballot. Pennsylvania still has a loyalty oath for candidates for state office.
--- On Mon, 4/11/11, Maceda, Cliff <cmaceda_CONTRACTOR@ap.org> wrote:
From: Maceda, Cliff <cmaceda_CONTRACTOR@ap.org>
Subject: Re: [EL] Banning political parties
To: "Salvador Peralta" <oregon.properties@yahoo.com>, election-law@mailman.lls.edu
Date: Monday, April 11, 2011, 8:48 AM
Arkansas 7-3-108 used to specifically ban the Communist Party. As of 2001 it still banned, among other things, a party “which is directly or indirectly affiliated by any means whatsoever with the Communist Party of the United States, the Third Communist International, or any other foreign agency, political party, organization, or government.” I recall being very surprised when I came across that statute. The language about the Communist Party has since been excised, it now reads, in part: 7-3-108. Subversive parties -- New parties -- Affidavit required -- Penalty.
(a) No political party shall be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state that:
(1) Either directly or indirectly advocates, teaches, justifies, aids, or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state, or an act of terrorism as defined by § 5-54-205; or
(2) Directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a
program of sabotage, force and violence, sedition, or treason against the government of the United States or this state. Clifford Maceda From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Salvador Peralta
Sent: Saturday, April 09, 2011 5:46 PM
To: election-law@mailman.lls.edu
Subject: [EL] Banning political parties Can anyone on the list point me to instances where a state or the federal government has banned a political party?
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