We’ve seen it before from the 501c4 corporation seeking to run its own candidates for President. We’re seeing it again.
Kellen Arno being interviewed on WILS radio in Lansing, Michigan on September 16 2011:
Interviewer Michael Cohen: Now, I was told that you’re not really a party but a third ticket. Uh, is there no defined political position for your group at this point?
Americans Elect National Field Director Kellen Arno: Correct. So Americans Elect really isn’t a party so much as it is a second way of nominating a presidential ticket.
August 26 2011 letter from Americans Elect senior counsel Daniel Winslow to the Florida Department of State:
AE asserted based on Florida law that its qualification for ballot access as a “national party” under section 103.021(4)(a), Florida Statutes (2006)(the “old law”), gave it a “vested right” to ballot access in 2012…
Said differently, AE’s right to nominate candidates as a “national party” under the old law “accrued” before the new law was enacted. That AE did not actually nominate its candidates before the law changed is irrelevant. Because AE fully qualified under the old law before it was changed, the new law cannot curtail AE’s right to nominate candidates as a “national party” for the 2012 election…
AE’s vested right to ballot access as a “national party” under the old law expires after the 2012 election cycle. Although AE has a “vested right” to nominate its candidates as a “national party” under the old law for the 2012 Presidential election, that right does not extend to subsequent elections. As a matter of statutory construction, it is clear that a party’s qualification under S.103.021(4)(a) lasts for only one election cycle. Notably, this section provides that “[a] minor political party that is affiliated with a national party … may have the names of its candidates for President and Vice President of the United States printed on the general election ballot by filing with the Department of State a certificate naming the candidates … by September 1 of the year in which the election is held. (emphasis added). Thus, under the plain language of the statute, a party is only qualified to nominate candidates as a “national party” until September 1 of a particular election year. After the election is over, all minor parties must re-qualify as a “national party” to be entitled to nominate candidates in a subsequent Presidential election… the purpose of this section is to grant ballot access to parties that have shown sufficient national support…
Application of the new law to other political parties…
Michigan Board of State Canvassers, September 15 2011:
YOU ARE HEREBY NOTIFIED THAT THE BOARD OF STATE CANVASSERS WILL MEET ON SEPTEMBER 15, 2011 AT 10:00 A.M. IN ROOM 424 OF THE STATE CAPITOL, LANSING, MICHIGAN.
Included on the Agenda will be:
…Consideration of new political party petition submitted by Americans Elect, 1775 Pennsylvania Avenue NW, Suite 1212, Washington, D.C. 20006; establish deadline for submitting challenges to signatures selected in the random sample.
Party, party, party. It’s a party over here. It’s a party over there. But Americans Elect is not called a party in public.