We Appreciate Your Support!
Dear Supporter,
American democracy is under threat like never before. California’s ‘Top Two’ system, which excludes all but the two most well-funded candidates from the general election ballot, threatens to spread across the nation. Powerful lobbyists are convincing state legislatures to make the petitioning process even more restrictive and the U.S. Supreme Court’s ruling in ‘Citizens United’ allows corporations much greater ability to buy our elections.
The Republican and Democratic parties act as one, pandering to their moneyed special interests while ignoring the voice of the people. On issue after issue, from our foreign wars, to a more sensible healthcare system, to ending deficit spending, to stopping corporate welfare, Americans all across the political spectrum agree on the need for change while legislators move in the opposite direction.
The Free and Equal Elections Foundation is the ONLY national organization which stands in the way of these threats to voter choice. The good news is that even with just a staff of six people and very limited funding, Free and Equal has been able to take on the most powerful political machines and put them back on their heels. We need your support to take this fight to the next level.
Free and Equal uses a comprehensive strategy to attack ballot access restrictions from every angle, simultaneously.
In California, Free and Equal built a coalition of all six qualified parties around our website, StopTopTwo.org to battle Proposition 14, the ‘Top Two’ Primaries Act. Placed on the ballot through a backroom budget deal made in Sacramento literally at 3:00 am, and backed by $5 million raised by Gov. Schwarzenegger and a number of major California corporations led by Hewlett-Packard, we were outspent over 250 to 1. However, the ideas presented by our website caught fire in the media. Although we lost the overall vote, those who showed up to vote on Election Day voted against Proposition 14, indicating that our message was getting out and winning despite our lack of funding. StopTopTwo.org is now dedicated to halting the spread of this anti-democratic reform across the country.

In Illinois, Free and Equal is going head to head with the political machines that have maintained control of the ballot through the infamous objection process, where the status quo can remove any challengers from the ballot based on absurd technicalities that have nothing to do with a candidate’s qualifications. Through our defense of candidates and their petitions and our three all-inclusive gubernatorial debates, Free and Equal is creating a new awareness in the Illinois media of the need for reform. Our third debate, deliberately timed after the filing of petitions by third party and independent candidates but before objections could be filed, resulted in hundreds of news articles including major pieces on WBEZ National Public Radio in Chicago, the Chicago Sun-Times and the Huffington Post. This media momentum is leading to a lobbying campaign to replace this out-of-control petitioning and objection process with a simple filing fee.
In Texas, the separate for-profit organization Free and Equal, Inc. made history by gathering over 92,000 signatures in twelve days to get the Green Party on the 2010 ballot. The Free and Equal Elections Foundation has been able to take up that story and carry it forward towards a national awareness that ballot access barriers in Texas cry out for major reform. News coverage quoting Free and Equal’s Christina Tobin includes three articles in the Wall Street Journal and two on the front page of the New York Times, not to mention widespread publicity in Texas. The Texas Democratic Party has tried and failed to use the courts to knock the Greens off the ballot. Now we have our opportunity to strike the counterpunch and present the Texas legislature with a comprehensive ballot access reform package in January, which they will be inclined to hear.

Now that you know what Free and Equal has already accomplished with just a six person staff, just think of how much more effective Free and Equal could be with your support. Free and Equal is ready to take on the most powerful political machines nationwide and in every state.
Here’s how we pull it all together: a major website redesign, centered around the virtual map.

The virtual map is the portal to a state-of-the-art social networking project consisting of:
- • easy access to information on candidates, electoral reform groups and local news on ballot access;
• state-by-state guides that inform potential candidates on how to get on the ballot;
• model reform bills for each state, vetted and advanced by state level coalitions;
• easy-to-install website templates and technical support for our affiliates, candidates and reform organizations;
• full integration into Facebook, Twitter and similar social media outlets;
• full integration of audio and video of Free & Equal election reform conferences, debates, radio shows, shorter viral impact statements, and similar events for easy distribution;
• online marketing to increase search engine rankings and generate support of reform efforts.
In short, we will use this website technology to create a multimedia experience for everyone – candidates, reform advocates, political scientists and news media – making it simple for each person to act on the information we provide, carrying forward the message and reality of ballot access reform. The virtual map will make it easier for Free and Equal to develop caucuses filled with leaders in every state to push for electoral reform.
We’re fortunate to have some of the most amazing people imaginable on our staff, with many more talented and dedicated people wanting to join us. Free and Equal needs to grow to start winning these major battles in every state.
Please give your most generous contribution today! Free and Equal will spend it wisely and efficiently to roll back ballot access barriers, expand voter choice and return the control of our government back to the people, where it belongs!
Free & Equal is an all-partisan, non-profit, public policy advocacy group. We need your support to ensure the completion of this vital project. Your contribution is tax-deductible. Thank you for your continued support of Free & Equal!
Yours in Liberty –

Christina Tobin
Founder and CEO, The Free and Equal Elections Foundation
312.320.4101
http://www.freeandequal.org
christina@freeandequal.org
StopTopTwo.org’s Christina Tobin Tells Governor Schwarzengger to Chill Out.
SACRAMENTO, Calif. – As reported in the San Jose Mercury News yesterday, Thursday, July 29, a lawsuit was filed charging that state Senate Bill 6 is unconstitutional. SB 6 is the legislation that put Proposition 14, the Top Two election system, on the June 8 California ballot.
Specifically, the lawsuit claims that SB 6 bans the counting of write-in votes for the general election which denies voters the right to have their vote counted. The lawsuit also states that SB 6 bans candidates from stating their party preference if their preference of party is non-qualified. Several areas of the California Constitution and the U.S. Constitution are cited as being violated by SB 6.
The relief being sought from the lawsuit asks the court the institute an injunction against the implementation of SB 6. It asks the court to declare that SB 6 is unenforceable and to declare that Proposition 14 is inoperative. The lawsuit also asks the court to “declare that Proposition 14 shall not become operative unless and until lawful implementing legislation has been enacted and has become operative”.
Information included in the lawsuit stated that SB 6 was originally drafted as a bill dealing with hazardous waste, was amended and passed by the Legislature between 3:40 a.m. and 6:55 a.m., February 19, 2009 without public notice, and that the governor signed it the next day.
Today, Governor Arnold Schwarzenegger issued a statement in response to learning of the lawsuit against SB 6 where he is quoted as saying, “It comes as no surprise that Sacramento special interests are trying to overturn the government reforms Californians overwhelmingly support. I will fight these special interests at every turn to protect these reforms that will break through Sacramento’s dysfunction.”
Lt. Governor Abel Maldonado, who sold his yes vote on a budget in exchange for passage of SB 6, is quoted in the San Francisco Chronicle saying, “This lawsuit is yet another attempted power grab by party bosses trying to continue the manipulation of legislators and deny the people of California their choice to vote for whomever they want.”
“Maldonado and Schwarzenegger are flat out wrong that this lawsuit is an attempted power grab by party bosses and special interests,” said Christina Tobin, Chair of StopTopTwo.org, an organization opposed to the passage of Proposition 14. “They need to chill out with the extremist statements. Those two quotes illustrate precisely what is wrong with Sacramento politics and it has nothing to do with the lack of a Top Two system. Politicians giving sound bites without a shred of substance hasn’t fixed anything in California yet.”
“Schwarzenegger is claiming that people who want their vote counted are special interests because they want to cast a write-in vote,” Tobin said. “Somebody needs to teach the governor what real special interests are and that he and his big money backers fit that description to a tee.”
“For Maldonado to pull out the party boss card in response to this lawsuit shows a real detachment from reality,” Tobin said. “The reality is that SB 6 was a sloppy and incomplete mess of legislation rushed through the Legislature in the wee hours of the morning without public input, let alone expert opinion, and it was signed the next day by Schwarzenegger. The reality of this lawsuit is that it asks Maldonado and his friends to fix the incompetent legislation they passed. It doesn’t give anything to any party bosses, contrary to Maldonado’s false claim.”
“Passing legislation in the manner they did with SB 6 is dysfunctional and part of this states’ problem,” Tobin said. “Now these two are acting exactly like the extremists they claim Proposition 14 will get rid of. Instead of addressing the issues raised in the lawsuit and finding solutions for the people of California these two are running to the media with sound bites and attacking their opponents. Are Maldonado and Schwarzenegger really the type of politicians California needs more of to fix things? I think not.”
A Free and Equal press conference will take place next week in Sacramento, Calif.
Connecticut Secretary of State Susan Bysiewicz Uses Office to Promote Democratic and Republican Parties.
HARTFORD, Conn. – July 23, 2010, Dan Reale lodged a formal complaint against Connecticut Secretary of State Susan Bysiewicz with the Office of State Ethics, the State Elections Enforcement Commission and the Federal Election Commission. The complaint charges that the “Affiliate and Participate” awareness campaign by Bysiewicz’s Secretary of State office is a misuse of state authority and resources that solely benefits the Republican and Democratic Parties.
Dan Reale is a Libertarian currently petitioning to be on the ballot for U.S. House in Connecticut’s 2nd Congressional District. Dan was a recent guest on our Free and Equal radio show and that interview can be heard at our website.
Connecticut has a closed primary system where voters must become a member of the Republican or Democratic Parties in order to participate in those two parties’ primary. The “Affiliate and Participate” campaign includes TV and radio commercials with Susan Bysiewicz urging unaffiliated voters to join the Republican or Democratic Party and vote in their primary.
The three paragraphs below are copied from a July 8 press release from the Connecticut Secretary of State office titled “Bysiewicz Urges Connecticut Voters to ‘Affiliate and Participate’ in August 10th Primaries,” which can be found in pdf format on their website.
Secretary of the State Susan Bysiewicz today urged unaffiliated voters across the state to enroll with the Democrat or Republican Party by August 9th at 12:00 p.m. so they can vote in the statewide primaries Tuesday August 10, 2010.[...]
“I urge Connecticut’s 840,000 unaffiliated voters – the largest group of our state’s nearly two million active registered voters – to enroll with the Democratic or Republican parties so they can cast ballots and make sure their voices are heard in the primaries,” said Secretary Bysiewicz.[...]
To get the message out to voters, Secretary Bysiewicz has been engaged in a public awareness effort to get unaffiliated voters to enroll as Democrats or Republicans through Public Service Announcements on radio and television, and newspaper Op-Eds, meetings with Editorial Boards, radio and television interviews throughout the state.
“Bysiewicz is clearly asking independents and voters in other alternative political parties to join the Republican or Democratic Parties,” said Christina Tobin, CEO and founder of Free and Equal Elections Foundation. “Joining one of the two power parties is only one way voters can affiliate and participate in our election process. Bysiewicz is blatantly failing to educate voters about all of their options by concentrating her message to urge people join the two political parties she mentions.”
“Many candidates from several alternative political parties are collecting petition signatures right now trying to get on the ballot,” Tobin said. “Voters can also go affiliate with those other parties or participate in choosing which candidates compete in the November election by signing the petitions to put those candidates on the ballot. Bysiewicz is using her office to solely promote membership in the Republican and Democratic Parties with this public campaign and I believe that is wrong. Why isn’t she running TV commercials asking voters to participate in candidate selection by signing petitions for Green, Libertarian, Independent, Working Families or Connecticut for Lieberman party candidates?”
Christina Tobin to Speak at 2010 Global Forum on Modern Direct Democracy
Important information about the 2010 Global Forum on Modern Direct Democracy from the Christina Tobin for California Secretary of State website. Free and Equal Elections Foundation is one of the sponsors of this awesome event and we encourage everyone to check it out. The logo and link for this event is also at the top of this page, on the right.
SAN FRANCISCO – Christina Tobin, CEO and founder of Free and Equal Elections Foundation, will speak at the 2010 Global Forum on Modern Direct Democracy. The forum will be a five-day, July 30 to August 4, international event and will include the two-day U.S. Conference on Initiative and Referendum at the University of California Hastings College of Law. Most events will take place in the Louis B. Mayer Student Lounge at UC Hastings.
Tobin will participate in a panel titled, “Signed, Sealed, Delivered, Paid For and Counted: An Inside Look at the Process, from the Signatures to the Votes,” Saturday, July 31, beginning at 3:45 p.m. PT. The panel will also include Theresa Amato with Citizen Works, Rick Arnold with National Voter Outreach, Elaine Ginnold with the Marin County Registrar of Voters, and Gerald Haefner of the European Parliament. The panel will be moderated by Nicole Winger, Deputy Secretary of State in California.
Sunday, August 1, beginning at 4:45 p.m. PT, Tobin will speak to conference attendees about her involvement with election reforms across the country and the dangers of “Top Two” primaries, as well as her upcoming plans for Free and Equal Elections Foundation.
Other panel topics at the conference will include: “Is California’s Initiative Process Ruining the State, Or Saving It?”; “Big Money vs. Direct Democracy: Who Wins?”; “Do You Dream of Electronic Signatures?”; “On the Media: Initiative & Referendum in the Court of Public Opinion”; and “Starting Over: The Challenge of Writing a New Constitution with Direct Democracy.”
Free & Equal Radio – 7/27/10
Free & Equal Radio Tuesday Night. Dan Reale is our guest tonight. On July 23, 2010 Dan Reale lodged a formal complaint against Connecticut Secretary of State Susan Bysiewicz with the Office of State Ethics, the State Elections Enforcement Commission and the Federal Election Commission. The complaint charges that the “Affiliate and Particiapte” awareness campaign by Bysiewicz’ Secretary of State office is a misuse of state authority and resources that solely benefits the Republican and Democratic parties. Dan Reale is a libertarian currently petitioning to be on the ballot as an independent for US House in Connecticut’s 2nd Congressional District. Also joining is lawyer Andy Spiegel, from Illinois. Andy is working with previous guest Steve Funk, Libertarian for State Representative. in this election and has done lots of awesome stuff in Illinois and is a wealth of knowledge on Illinois election laws and history. Steve Funk, Libertarian for State Rep. in the 18th District rounds out the show with his story battling for ballot access in Illinois. The Cook County elections board just ruled Steve barely missed the 2,561 signature requirement to be on the ballot. Steve Funk put in an amazing effort to try to get on the ballot and would like to continue his fight in the courts, and he has a case.
Democracy is under attack. Revolution at the ballot box must be a possibility. Tune in and do your part. Call in at 347-633-9636 to get your two bits in.
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Free & Equal is a non-partisan election reform and activist organization dedicated to improving ballot access laws in the United States.

