Michigan Libertarian Party Continues Fighting in Court to Let Voters Vote “Libertarian” Without the Need for a Write-in

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Both of the Michigan Libertarian Party ballot access cases are still actively trying to win a court ruling that will make it possible for voters to vote “Libertarian” for President without the need to cast a write-in vote.

In the original case, to get Governor Gary Johnson on the ballot, the party filed this brief on September 26 in the Sixth Circuit. That case is Libertarian Party of Michigan v Ruth Johnson, 12-2153. This brief submits evidence that even though Michigan said it had to print all its ballots earlier in the month, in reality it only had to print its overseas absentee ballots.

In the case that was filed earlier this month, Gelineau v Ruth Johnson, to get Gary Johnson of Austin, Texas, on the November ballot as the Libertarian presidential nominee, the party filed an amended complaint in U.S. District Court on September 26, arguing that there is no valid reason why the state cannot let Libertarian straight-ticket voters have their straight-ticket votes counted for the Libertarian Party slate of electors. Also the brief points out that the state could have printed ballots that list Vice-Presidential nominee James Gray on the ballot; the state has never offered one reason why his name was not certified for the ballot. He was the original party nominee, certified in June, and the party never attempted to replace him. UPDATE: the U.S. District Court in this case has just instructed the Secretary of State to respond to the new filing by Monday, October 1, at 10 a.m.

Arkansas Supreme Court Retains Medical Marijuana Initiative on the Ballot

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On September 27, the Arkansas Supreme Court ruled that the statewide initiative concerning medical marijuana should remain on the ballot. See this story. Both sides acknowledged that the measure had enough valid signatures.

Instead, the issues were: (1) whether it violates Arkansas law to put a measure on the ballot that, arguably, if passed, would conflict with federal law; (2) whether the Title of the Measure, the “Arkansas Medical Marijuana Act”, is proper; (3) whether the summary of the measure, as printed on the ballot, is proper. The Court said the first issue does not belong in court until after the measure is voted on, and that the title and summary are fair.

Here is the 15-page unanimous opinion. Cox v Martin, 12-740.

Mississippi Prints Some Ballots and Omits Rocky Anderson on the Grounds that He Didn’t Present a Full Slate of Qualified Presidential Elector Candidates, but Mississippi in the Past Let Others On

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The Justice Party is ballot-qualified in Mississippi. On September 5, two days before the deadline, it submitted its candidates for presidential elector. On September 10 the party was informed that one of its candidates for presidential elector is not a registered voter and is therefore ineligible. The party substituted a new candidate on the same day, but the Board of Canvassers rejected the new elector but said that Anderson would still be on the ballot, but if he won the popular vote, he would be disadvantaged because he would only have five presidential electors instead of six.

But, the state then started printing ballots and omitted Anderson’s name from the ballot. However, in the past, Mississippi has permitted presidential candidates to appear on its November ballot even though the candidate did not have a full slate of elector candidates. For example, in both 1972 and 1980 the Socialist Workers Party (which qualified Linda Jenness as its presidential nominee via the independent petition method, and Andrew Pulley in 1980 the same way) did not submit a complete slate of presidential elector candidates, but Mississippi still printed the candidates on the ballot.

The reason one of the electors isn’t registered to vote is that his registration was canceled without his being told that it had been canceled. In 2007 he had been charged with statutory rape because, as a 25-year-old, he had had sex with a 17-year-old girl he had met in a bar. She had a fake ID which said she was over age 18. He plea-bargained, was given no penalty, but apparently that eliminated his voter registration, although he did not know that. Here is a new story. Thanks to Austin Cassidy for the link.

Fifth Circuit Explains Why it Won’t Enjoin Various Restrictions on Texas Voter Registration Workers

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On September 26, the Fifth Circuit issued an explanation of why it had earlier reversed a U.S. District Court, and left certain Texas restrictions on voter registration drives in place. Voting for America v Andrade, 12-4094. The vote is 2-1. The dissent is considerably longer and more analytical than the majority opinion.

Among the restrictions that remain in place, at least until the case is decided, are restrictions on out-of-state residents who want to work on Texas voter registration drives; restrictions on how paid workers can be paid; and the restriction that forbids voter registration workers from making photocopies of the completed registration forms before they are submitted.

Connecticut Republican Party Wins Ballot Order Case

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On September 26, the Connecticut Supreme Court issued a one-page order, saying the Republican Party should be listed first on Connecticut general election ballots, this year and for future elections, up to and including the November 2014 election. The dispute hinged on the state’s law that said the order of parties should be governed by how many votes they had polled for Governor.

In 2010, the Republican Party had polled more votes for Governor than any other party. However, the Democrat was elected, because he had the nomination of both his own party and the Working Families Party. The sum of the gubernatorial vote for those two parties was greater than the Republican gubernatorial vote. See this story.