Virginia elects a Governor on November 2, 2021. A poll released on August 1, conducted by co/efficient, showed Democratic nominee Terry McAuliffe at 45%, Republican nominee Glenn Youngkin at 40%, and Liberation Party nominee Princess Blanding at 2%.
On August 12, another co-efficient poll was released, which shows McAuliffe at 47% and Youngkin at 45%. That poll is not yet on the co/efficient website, and the news stories that mention the poll do not include any news about the Blanding showing.
On August 12, attorneys for Arkansas filed this brief in Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214. The case involves the law requiring a petition of 3% of the last gubernatorial vote for a party to gain access. Although the law was enjoined in 2019, the issue of the constitutionality of the law is still pending in U.S. District Court.
The state’s brief has many errors. It claims that no U.S. Court of Appeals has ever struck down a ballot access petition that was 5% or less. Actually the Eighth Circuit struck down North Dakota’s party petition in 1980, in McLain v Meier, and that was a petition of 15,000 signatures, which worked out to 3.3% of the number of eligible voters. The Sixth Circuit struck down Michigan’s independent statewide petition requirement of 30,000 signatures this year, and that was less than 1% of the last gubernatorial vote. The Eleventh Circuit struck down Georgia’s minor party and independent presidential petition in 2017, and that was 1% of the number of registered voters. The Seventh Circuit struck down the Illinois 5% petition for Mayor of Chicago in 1978, a decision which the U.S. Supreme Court approved in 1979.
The state’s brief says the 3% petition is not severe, despite the fact that it was first passed in 1977 and no party ever succeeded in using it. The state’s brief says the 3% petition is not severe because in 2022, the petition is not due until December 24, 2021, a statement that is truly absurd, and which ignores the fact that the old party petition deadline of April had been held unconstitutional in 1977, and that the old January (of the election year) deadline had again been held unconstitutional in 1996. The state claims that the New Hampshire Supreme Court upheld a 3% party petition in 2006, but actually that decision concerned the number of signatures for statewide independent candidates, and the nominees of unqualified parties, which was 3,000 signatures, less than 1% of the last gubernatorial vote.
The brief claims that parties can get on for president in Arkansas with 1,000 signatures, ignoring the fact that the 2021 legislature increased that petition to 5,000 signatures.
Ohio has an Election Commission, which regulates campaign finance and also has a role in setting up gubernatorial general election debates. Ohio law says the Commission must have seven members: three Democrats, three Republicans, and a person who is not a member of any party. Therefore it is impossible for a member of any other party to ever serve on the Commission.
On August 13, the party asked the U.S. Supreme Court to hear its appeal. Libertarian Party of Ohio v Crites, number not yet assigned. The lower courts had upheld the law. Here is the cert petition.
On August 11, U.S. District Court Judge Carl Nichols, a Trump appointee, issued a 44-page opinion in Dominion Voting Systems v Sidney Powell, D.C., 1:21cv-40. It says Dominion’s defamation lawsuit may proceed to trial. Dominion is also suing Rudy Giuliani and My Pillow Inc. in separate lawsuits that were combined with the Powell lawsuit.
On August 12, proponents of a local initiative in Bridgeport, Ohio, asked the Ohio Supreme Court to reconsider its opinion earlier this month. That opinion says the local initiative should not be on the ballot because the proponents didn’t submit the petition to the Village Clerk. The opinion says that Mary Lyle was the village clerk on all three days when the proponents tried to submit the petition, April 28, June 29, and July 16. Here is the request for reconsideration.
The request for reconsideration points out that Mary Lyle did not take the position of Village Clerk until July 1, 2021, and the person who was Village Clerk before her did not offer any testimony in the lawsuit. State ex rel Schmitt v Bridgeport, 2021-0878.
