Drama at Legislative Hearing on Abolishing the Independent Party of Oregon

Drama at Legislative Hearing on Abolishing the Independent Party of Oregon

FOR RELEASE April 13, 2011

This afternoon the Committee on Rules of the Oregon House of Representatives conducted a hearing on HB 2442, the bill to abolish the Independent Party of Oregon (IPO) by making it illegal to use the word "independent" in the name of a political party in Oregon.  The bill declares an "emergency," stating that it is "necessary for the immediate preservation of the public peace, health and safety."

The Chair of the Committee, Dave Hunt (D), asked whether anyone wished to testify in favor of the bill.  Silence.  Some members of the Committee asked why the bill had been scheduled for hearing, if no one was willing to testify for it.  The bill itself states it was "Presession  filed (at the request of House Interim Committee on Rules)."  Committee Co-Chair Andy Olson (R) asked Rep. Vicki Berger (R) whether the bill had in fact been discussed in the House Interim Committee on Rules.  Rep. Berger replied that the Interim Committee did not have discussions along this line.  (A majority on the Interim Committee were Democrats.)

Testifying against the bill were Marvin Sannes (who won the 2010 IPO nomination for State Representative for the 21st District), IPO founder Linda Williams, IPO secretary Sal Peralta, and IPO member Dan Meek.  Written testimony against the bill was submitted by Norma Paulus and Phil Keisling, each a former Secretary of State of Oregon, who wrote:

"We are aware of no legal precedent in any jurisdiction in the United States that would allow a legislature to ban the use of a word in the name of a political party, and are highly skeptical that the Oregon Constitution, with its broad protections for free speech, would permit such an intrusion on the association and speech rights of a duly constituted political party. . . . This bill is cynical, political mischief of the worst, most juvenile kind -- worthy of being thrown on the legislative scrap heap, so this body can get down to the important business at hand."

Also submitting written testimony were former State Representative Tony Van Vliet and attorney Stephen Goldberg.  Also submitted was a petition against the bill signed by over 500 Oregon voters during the past 4 days, including additional comments from over 200 of them, along with an editorial by the respected editor of the Albany Democrat-Herald, Hasso Hering, entitled "What’s next, word police?"

For more information about the bill, see http://indparty.com/abolish.

CONTACTS

Sal Peralta
Independent Party Secretary
sal@salperalta.com
503-437-2833

Linda Williams
Independent Party Chair
linda@lindawilliams.net
503-293-0399

Independent Party of Oregon Fights for Legality

OREGON – APR 11, 2011 -- On Wednesday of this week, the House Rules Committee of the Oregon legislature will consider a bill to abolish the Independent Party of Oregon (IPO).

The bill bans using the word "independent" in the name of any political party, thus forcing the Independent Party to change its name by the end of the year or be disbanded.  

“The free speech and free association implications of this bill are stunning, particularly when you consider that no legislator has listed their name as a sponsor,” said Party Chair, Linda Williams. “This as a transparent partisan attempt by a handful of legislators to strangle the Independent Party of Oregon in its infancy."

( Link to bill: http://www.leg.state.or.us/11reg/measpdf/hb2400.dir/hb2442.intro.pdf )

The Independent Party of Oregon was formed in response to legislation that removed the word “independent” from the ballot and made it more difficult to run for public office as a non-affiliated candidate.  

The Independent Party has worked to bring some gravity back to the public interest center, and to cobble together a coalition of legislators who are willing to provide our members with a greater voice in the Oregon legislature.  In 2010, the IPO became the first Oregon political party in more than 100 years to hold a primary election at our own expense.  Our election was the largest nominating process ever held by an Oregon minor political party.

The Independent Party is not the first political party in Oregon to use the word “Independent” in its name.  Ross Perot formed the Independent Initiative Party to gain ballot access in Oregon (later changed to the American Party), and the American Independent Party existed here from 1964 until it reformed as the Constitution Party in 2000.

“I have been involved in politics for most of my adult life, and it has never once occurred to me that an American state or the federal government might ever consider disbanding a duly constituted political party that is meeting all of its statutory obligations and requirements,” said Sal Peralta, the Party’s Secretary    “Shouldn't our legislators be focused on working together to get Oregon unstuck rather than figuring out how to destroy a potential rival?"

This email provides some additional information in support of IPO position, including:

• A link to our member responses to a petition we sent on Saturday that asks legislators to oppose this step.
• Some history on instances where lawfully organized political parties have been banned.
• Other political parties that use the word “independent”.
• Some additional history and press background.

WHAT DO INDEPENDENT PARTY MEMBERS THINK ABOUT THIS BILL?

On Saturday, April 9^th, we sent a petition via email to several hundred of our members asking them to oppose this legislation and to forward it on to others.  Here is a small sample of the responses:

"To those that have taken an oath to uphold the rights of Oregonians and to respect the ideas of fairness and transparency in Oregon Governance. We are in a period of polarization that has crippled our state and our nation. I urge all of you to not only allow the Independent Party of Oregon to continue, but also any other legitimate group that seeks a voice in Oregon Politics. Sincerely, Jim Wright" (Former Mayor of Damascus, Oregon)

"What are the major parties afraid of?" Fred McCord, Eugene

See the petition and all responses here:

http://www.indparty.com/survey/responses5.php

ADDITIONAL NOTES

• Two days after the Independent Party released its legislative agenda, we received notice that we would have to go and defend our right to exist at the legislature.  The party's agenda, which was based on a series of surveys of Independent Party members, can be viewed on the front page of our web site (top left corner): http://www.indparty.com/
• A recent Gallup poll showed that 58 percent of Americans believe a third major political party is needed because the Republican and Democratic Parties do a poor job of representing the American people. http://www.gallup.com/poll/143051/Americans-Renew-Call-Third-Party.aspx
• A professor at Harvard released a study this week showing that members of congress spend 27% of their time taunting their colleagues:  http://seattletimes.nwsource.com/html/dannywestneat/2014732487_danny10.html 
  

IS THE HB 2442 CONSTITUTIONAL?

In 2002, the Oregon Court of Appeals ruled that an Oregon statute forbidding the formation of the Freedom-Socialist Party because it's name used the word "socialist" was facially unconstitutional under the U.S. Constitution in Freedom Socialist v Bradbury.  In a concurring opinion, Judge Landau, who now sits on the Oregon Supreme Court, reasoned that the ban would have failed under the Oregon Constitution for the following reasons:

"Article I, section 8, provides that

"'No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.'

"Under State v. Robertson, 293 Or 402, 412, 649 P2d 569 (1982), and its progeny, a law that restrains speech based on the content of that speech is unconstitutional unless the restraint is wholly contained within a historical exception.

"In this case, it strikes me that the statute runs headlong into the free expression guarantee of Article I, section 8. A political party name communicates a message to voters. Its name, in fact, is a shorthand expression for a core value that the party wishes to communicate to the public. It certainly is speech, and a regulation that prohibits a party from using certain words to express that message certainly is a regulation based on the content of speech. The parties have identified no historical exception that wholly contains such a restraint, and I am aware of none. It necessarily follows that the restraint is unconstitutional."
http://law.justia.com/cases/oregon/court-of-appeals/2002/a113583.html

Here are some recent examples where a government has forcibly disbanded a political party.

2011 –  GABON:  National Union Party forcibly disbanded after losing 2009 election.
2010 – MYANMAR: Myanmar Government disbanded 10 political parties including main opposition party, NLD.
2010 – IRAN:  Iranian Supreme Court disbanded 2 leading opposition parties, IIPF and IRMO.
2007 -- THAILAND:  Thailand's 4 leading opposition parties were disbanded by the Thai Constitution Court. 

OTHER HISTORICAL EXAMPLES

1953 - 1973 – EGYPT:  Government dissolved all opposition parties in favor of one-party rule.

July 14, 1933 – GERMANY:  On July 14, 1933, Adolf Hitler’s Nazi Party officially declared itself the only political party in Germany and outlawed the formation of any other parties.

WHAT OTHER STATES HAVE POLITICAL PARTIES THAT USE THE WORD “INDEPENDENT” IN THEIR NAMES? 

Note:  The Independent Party of Oregon is not affiliated with any other state or national political party.

Independent Party:  New Mexico, Florida, Delaware, Masschussetts, Texas, Connecticut
Independent American Party:  California, Missouri, Nevada, Alaska, Utah, Massachussetts, Arkansas
Green Independent Party:  Maine
Independent Democrats:  Florida

HISTORY OF THE INDEPENDENT PARTY OF OREGON 
The Independent Party of Oregon was formed in response to legislation that made it more difficult for non-affiliated candidates to run for public office in Oregon and which removed the word “independent” to describe those candidates on the ballot.

The party’s original mission was to protect the rights of Independent and non-affiliated voters and candidates and minor political parties.  In 2008, the party nominated several candidates, becoming the first Oregon minor political party in nearly a century to cross-nominate major party candidates including US Senator Jeff Merkley, former State Treasurer, Ben Westlund, and State Representative Vicki Berger..  The party sued to have its name printed on the ballot line of its cross-nominated candidates.  The lawsuit was settled when the 2009 legislature passed legislation expanding Oregon’s fusion voting law to allow up the names of up to three political parties to be listed on the candidate’s ballot line.

That year, the party broadened its agenda to include reducing special-interest influence over the legislative process; increasing citizen participation in government; and increasing government transparency. 

In 2010, the Independent Party became the first Oregon political party to conduct a binding primary election at its own expense in more than 100 years.  The election included 77 candidates from across the political spectrum.  The party’s nominees include the current Governor and 30 of Oregon's 90 sitting legislators, many of whom prominently displayed their Independent Party nomination in communications during the General Election.  

http://en.wikipedia.org/wiki/Independent_Party_of_Oregon

PRESS BACKGROUNDER

Independent Party Growing Fast in Oregon - OPB
http://news.opb.org/article/independent-party-growing-fast-oregon/

Lots of Legislative Candidates want Independent Party Nomination - Oregonian
http://www.oregonlive.com/politics/index.ssf/2010/06/lots_of_legislative_candidates.html

Independents: The third way - Democrat-Herald
http://www.democratherald.com/news/opinion/editorial/article_3c9c4138-7264-11df-9519-001cc4c002e0.html

Independent Party Gaining Clout
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20100612/OPINION/6120304/-1/NEWSMAP

Candidates Woo Independent Party - News-Times
http://www.forestgrovenewstimes.com/news/story.php?story_id=127909331821056200

Voting Kicks off in Independent Party Primary - OPB
http://news.opb.org/article/voting-kicks-independent-partys-online-primary/

Kitzhaber Wins Independent Party Primary Nod - AP
http://www.katu.com/news/local/99681579.html

Independent voters leave their mark in Oregon - Ashland Daily Tidings
http://www.dailytidings.com/apps/pbcs.dll/article?AID=/20101108/NEWS02/11080308/-1/NEWSMAP

----

Press Contact:

CONTACT

Sal Peralta                                   503-437-2833
Independent Party Secretary     sal@salperalta.com

Linda Williams                             503-293-0399
Independent Party Chair             linda@lindawilliams.net

Independent Party of Oregon
9220 SW Barbur Blvd
Suite 119-254
Portland, OR 97219
fax 866-795-9415

Independent Party of Oregon Holds Historic Internet Primary Election

Received via email today:

"No minor party in Oregon has ever conducted a primary election before. No party of any description in Oregon, major or minor, has conducted an election via the Internet. No Oregon party has ever conducted a primary election at its own expense. The Independent Party of Oregon is currently doing all three. The experiment could change both elections and politics in the state and beyond."  Read more at the Register-Guard

SUMMARY

The Independent Party of Oregon is holding a historic internet primary election through July 30th.

For the first time ever, Democrats, Republicans, Independents, Libertarians, Greens, and none-of-the above -- 86 candidates in all -- will compete head-to-head for the Independent Party's nomination. Because of Oregon's new fusion voting law, candidates who receive more than one nomination by a political party may list up to three such nominations on the November General Election ballot.

The election includes more than 20 contested primary races and involves some of the biggest names in Oregon politics.

Candidates seeking the Independent Party's nomination include former Oregon Governor John Kitzhaber, US Congressmen Peter DeFazio and Kurt Schrader and their Republican opponents Art Robinson and Scott Bruun.  More than 40 incumbent Democratic and Republican state legislators are also seeking the party's nomination.

More details, including sample ballots, rules, etc. are available at

www.indparty.com/vote
  
BACKGROUND ON THE INDEPENDENT PARTY INTERNET PRIMARY 

Registered members of the Independent Party of Oregon will receive a unique set of credentials directly from the Party.  The elector will then go to the specific URL and is authenticated to receive their specific ballot.  They will then mark the ballot using the eLect solution, review the completed ballot and make changes as needed.  The elector will then cast their ballot and receive a receipt.  At the end of the election, the encrypted ballots are not accessible by any one individual until each of the election officials comes together in a quorum and provides their unique passwords to the system. That allows for the decryption and counting of the votes. At the end of the election, the voter can verify that their vote was received and counted by going to a special Web site.

The Independent Party selected Everyone Counts, a San Diego, California based company that provides secure universal access voting solutions and consulting.

ABOUT EVERYONE COUNTS, INC
Since 1996 Everyone Counts, the industry-leading elections company based in San Diego. 

Everyone Counts, Inc., was recently selected by the U.S. Department of Defense, through the Federal Voting Assistance Program, as a supplier of MOVE Act-compliant voting systems for US states and territories for 2010 elections.  The federal MOVE Act (Military & Overseas Voter Empowerment Act) was passed and funded to ensure that every state and territory is able to implement a solution to provide their voters living or serving in the military overseas with the option of an electronic ballot in 2010.

Everyone Counts has also provided secure remote electronic voting with a choice of electronic or paper ballot return and tabulation for governments on three continents with voters in over 156 countries, including Afghanistan and Antarctica.

ABOUT THE INDEPENDENT PARTY OF OREGON

The Independent Party of Oregon was formed by petition and recognized by the State of Oregon in January 2007. The party currently has more than 55,000 members, making it the third largest political party in Oregon. In 2009, the party played a leading role in the passage of legislation to allow candidates to list the names of up to three nominating parties on the November ballot.

PRESS BACKGROUNDERS ON INDEPENDENT PARTY ELECTION

Oregon's Independent Party launches the state's first online primary - Oregonian - ‎Jul 7, 2010‎

Candidates Woo the Independent Party - Portland Tribune - July 13, 2010

Independent Party launches primary online - Salem Statesman-Journal - July 7, 2010

Independent Party Secretary discusses Internet Primary - KPOJ (audio)

PRESS BACKGROUNDERS ON FUSION VOTING IN OREGON 

Bill eases path for outsider candidates - Salem Statesman-Journal - July 17, 2009

Kulongoski will sign fusion voting bill - Oregonian - July 8, 2009

How would fusion voting change Oregon politics? - Oregonian - June 30, 2009 

CONTACT

Sal Peralta, Independent Party Secretary
503-437-2833  sal@salperalta.com

Omar Ali and Sal Peralta: Independents to watch out for

Hankster readers, FYI:

Omar Ali is a close friend of mine. He is a professor of history at Vanderbilt University, and a prominent historian of the independent and third-party movements, specifically about the impact of African Americans on and in third party movements. He's a GREAT speaker. You can read about his new book In the Balance of Power -- 2008/Independent Black Politics and Third-Party Movements in the United States

Sal Peralta, who I mentioned on today's Blog Bunker with Joe Salzone (Channel 110 if you're SIRIUS....), blogs at Independent Oregon. You can also check out the competition (NPR) here: Sal Peralta, Secretary of the Independent Party of Oregon, appeared on KLCC's "Sunday at Noon" show on Oregon Public Broadcasting. Topics included the Independent Party's cross-nomination of candidates, third party politics in a two party system, and campaign finance reform.

If you want the latest, you need to check out Omar and Sal -- probably on either SIRIUS or NPR....

More conversation on Oregon Top Two Primary and Measure 65

This just in from Oregon Independent:

Dan is overstating the case a bit. The Working Families party supports M65, and the Independent Party of Oregon is split on the measure and will not take a position.

The Libertarians and Greens don't like it because they are more interested in running protest candidates than they are winning races.

I disagree with his analysis that M65 will remove general election ballot access for Independents and other minor parties. 44 percent of all legislative races are currently not contested, and the Republicans did not field a candidate in 2 out of the 5 statewide races (AG, Labor Comissioner) during this cycle.

As someone who has spent some time recruiting candidates, I would much rather play by the same rules that the major parties play under.