West Virginia Secretary of State Posts List of Candidates

The West Virginia Secretary of State has posted a list of November 2022 candidates. West Virginia has no statewide offices up in 2022, so the only federal and state offices are two U.S. House seats, State Senate, and House of Delegates.

The Libertarian Party has four legislative nominees, and the Mountain Party (the Green Party affiliate) has two legislative nominees.

The Americans Coming Together Party has a nominee for U.S. House, and three for the legislature. The ACT Party was formerly the Independent Party, but it changed its name in 2021. Two of its nominees are using the “ACT” label, and two are using “independent” as a ballot label.

Here is the party’s website, listing its nominees.

Albany Times-Union Story on New York Libertarian Party’s Ballot Access Lawsuit in State Court

The Albany Times-Union has this story about the New York Libertarian Party’s ballot access lawsuit in state court. The case was argued in the State Supreme Court, Appellate Division, on September 8. The article was published in advance of the hearing, so it doesn’t describe how the hearing went. Sharpe v New York State Board of Elections, 535599.

Also, see this Spectrum1 news story about the lawsuit.

Law Professor Mark Brown Publishes Op-Ed on Ohio’s Petition-Checking System

Law Professor Mark Brown has this op-ed in the Cleveland Plain Dealer, on the subject of Ohio’s faulty system for checking the validity of signatures on ballot access petitions.

His op-ed does not mention that Ohio is one of only three states this year with no minor party or independent candidates on the ballot for statewide office (for the states that have no statewide offices up this year, this comparison uses U.S. House).

Ohio Independent Legislator Removed from General Election Ballot

For a few months, Ohio has had an independent state representative, Shayla Davis. She was appointed to the seat earlier this year. On August 9, the Secretary of State removed her from the November ballot. He ruled that she isn’t a true independent, because she has been too closely associated with the Democratic Party. Otherwise she would have been on the ballot, because her petition was valid.

Ohio law on who can qualify as an independent candidate is hopelessly vague. Ohio does not have registration by party, yet bars independent candidates if they have too much connection to a ballot-qualified party. This often leads to highly arbitrary decisions.

Missouri State Court Keeps Statewide Initiative on Ballot

On September 9, a Missouri state trial court issued a ruling that keeps the marijuana statewide initiative on the ballot. Sweeney v Ashcroft. On September 12, the State Court of Appeals affirmed that decision, case no. WD85679. Here is the State Appeals Court decision.

Originally the Missouri county election officials had found the initiative didn’t have enough valid signatures. But then the Secretary of State reviewed the work of the counties, and revalidated enough signatures. Then the challenger had sued the Secretary of State, arguing that the Secretary overstepped his authority. But the court said the Secretary of State is the ultimate decider. The challenger says he will appeal. See this article. Thanks to Ken Bush for the link.