New York Trial Court Declines to Extend Petition Deadline for Independent Candidate Statewide Candidates

Posted on by May 7, 2022
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On May 5, Acting Supreme Court Judge Patrick F. McAllister, a Republican, decline to extend the petition deadline for statewide independent candidates, even though the statewide petitions require at least 500 signatures from each of half the U.S. House districts, and the boundaries of those districts won’t exist until May 20 at the earliest. The petition deadline is May 31.

The order is styled as an “Advisory Opinion” and it does not appear that anyone in the case set out a legal argument in favor of extending the deadline. The case deals with the constitutionality of the recent redistricting for U.S. House and state legislature. None of the plaintiffs have any expressed interest in the problems of independent candidates and the nominees of unqualified parties. The opinion was issued as a document in Harkenrider v Hochul, Steuben County Supreme Court, E2022-0116cv. Apparently the State Board of Elections asked for this action. Thanks to Joe Burns for this news.

It is likely that one or several 2022 petitioning groups will soon seek to intervene in the case.

U.S. Supreme Court Extends Deadline for Georgia Libertarian Party to File Cert Petition to July 29

Posted on by May 7, 2022
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On April 28, the U.S. Supreme Court allowed the Georgia Libertarian Party to file its cert petition in its ballot access lawsuit by July 29. The party had asked for an extension. Without the extension, the cert petition would have been due June 29. Cowen v Raffensperger, 21A647.

The issue is the petition requirement for independent and minor party candidates for U.S. House. No minor party has ever been able to comply with the requirement since before 1943. The 5% petition was created in 1943. Before 1943, no petition and no fee was required.

Eleventh Circuit Stays U.S. District Court Decision that Enjoined Some New Florida Voting Procedures

Posted on by May 6, 2022
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On May 6, the Eleventh Circuit stayed the decision of a U.S. District Court in League of Women Voters of Florida v Lee, 22-11143. Here is the 15-page opinion. The U.S. District Court had enjoined some new restrictions on voting that were included in Senate Bill 90, but that injunction is now lifted. The three judges on the Eleventh Circuit who issued the opinion are Kevin C. Newsom, Barbara Lagoa, and Andrew L. Brasher, all Trump appointees.

Georgia Administrative Law Judge Rules that Congresswoman Marjorie Taylor Greene Did Not Engage in Insurrection

Posted on by May 6, 2022
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On May 6, a Georgia Administrative Law Judge ruled that Congresswoman Marjorie Taylor Greene does qualify to run for Congress. He said the evidence presented against her does not clearly show that she engaged in “insurrection”, as discussed in the Fourteenth Amendment. See this story. Thanks to Thomas Jones for the link.

The Congresswoman is still arguing in the Eleventh Circuit that the state had no right to judge her qualifications, but perhaps that case will be considered moot.