Judge Myron Thompson Upholds Alabama June 6 Deadline

On May 30, U.S. District Court Judge Myron Thompson, a Carter appointee, upheld Alabama’s June 6 petition deadline for minor parties and non-presidential independents. Swanson v Worley, 2:02cv644-T.

The decision is only 7 pages long, and doesn’t even mention the two U.S. Supreme Court decisions on the issue of petition deadlines, Mandel v Bradley, and Anderson v Celebrezze. Mandel v Bradley, issued in 1977 by the U.S. Supreme Court, said that early petition deadlines are unconstitutional if the record shows that very few minor parties or independents ever qualify. Thompson ignored the record, which showed that few such candidates have qualified in Alabama ever since the deadline was moved from mid-July to early June, in 2002.

Plaintiffs can now appeal this case, which was filed in 2002, to the 11th circuit.

California Assembly Passes Anti-Electoral College Bill

On May 30, the California Assembly passed AB 2948, by a vote of 42-25. AB 2948 is the bill being introduced around the U.S., in various state legislatures, that sets up an interstate compact. The compact would only go into effect after states containing a majority of electoral votes had joined. After that, states in the compact would appoint presidential electors pledged to the winner of the national popular vote. The authority for a state to do that is in Article II, sec. 1, which says, “Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors”.

Tennessee Makes it Harder for Write-in Candidates to be Nominated in Primaries

Ironically, in the same year in which Ohio and Pennsylvania Democrats took advantage of the ability to win primaries by write-in votes, Tennessee Democrats were making it more difficult for anyone to be nominated by write-in votes at primaries. On May 27 (Saturday), the last day of the Tennessee 2006 legislative session, a bill pushed by Democrats just barely passed. It changes the formula for the number of write-ins needed to win a primary, from 5% of the number of voters who turn out in that primary, to 5% of the number of registered voters. Thanks to Michael Morrison for this news.

Pennsylvania Democrats Nominate Candidates in Two Districts by Write-in Votes

Pennsylvania held primaries for the Democratic and Republican Parties on May 16. In both the 9th U.S. House district, and the 15th U.S. House district, no Democrat had appeared on the primary ballot. However, in both districts, a Democrat received enough write-in votes to be nominated. Pennsylvania law requires 1,000 signatures for a write-in candidate in a primary to be nominated. The write-in winners are Tony Barr in the 9th district, and Charles Dertinger in the 15th district. Thanks to Tony Roza for this news.

As reported earlier, on May 2, Ohio Democrats also used write-in votes to nominate a candidate for US House this year, in the 6th district.