Nebraska Democrat Who Lost U.S. Senate Primary Sues Democratic Party to Force it to Name a New Nominee, After Original Nominee Withdrew

William Forbes, a Nebraska Democrat who lost the Democratic primary for U.S. Senate this year, is suing the Nebraska Democratic Party in state court to force it to name a replacement nominee.  The original nominee, who had won the primary, Ciindy Burbank, has withdrawn.  She withdrew because a strong independent, Dan Osborn, is given a chance to win the election and his chances are thought to be enhanced if no Democrat is on the ballot.  The hearing is July 29 at 3 p.m. in Lancaster County district court.

Montana Secretary of State Says Democratic Party Must Replace U.S. Senate Nominee if Original Nominee Withdraws, Ignoring Court Precedent

On July 28, Montana Secretary of State Christi Jacobsen stated that if the Democratic Party nominee for U.S.. Senate, Alani Bankhead, withdraws, the law requires the Democratic Party to replace her.  However, her belief is contradicted by many court decisions that give political parties freedom of association to decide for themselves whether to run for any particular office.  See this story.

Most on-point is the Seventh Circuit opinion Libertarian Party of Illinois v Scholz, 872 F 3d 518 (2017), which struck down an Illinois law that said new parties must run a full slate of candidates.

The reason the Montana Democratic Party may not want to run anyone is that there is a strong independent in the race, Seth Bodnar.  Many Montana Democratic Party leaders want him to win, and most observers believe that Bodnar could win if no Democrat is on the ballot.

California Files Brief in Butch Ware’s Lawsuit Against Law that Requires Gubernatorial Candidates to File Tax Returns with Secretary of State

On July 24, California filed this brief in Ware v Weber, e.d., 2:26cv-1643.  This is the case in which Butch Ware argues that the California law requiring gubernatorial candidates to file copies of the last five years’ tax returns is unconstitutional.  The state’s brief says the case is moot.  It does not acknowledge that in this year’s primary, three gubernatorial candidates were kept off the ballot because the tax returns law.  This is relevant because the state assumes that the law does not create a recurring problem for gubernatorial candidates.

The other two candidates who had problems with the tax returns requirement were Che Ahn and Gheorghe Roper.