Maine Secretary of State Says Republican Referendum Petition to Stop Ranked-Choice Voting for President Lacks Enough Valid Signatures

Posted on by July 16, 2020
2

On July 15, the Maine Secretary of State said the Republican referendum petition to stop ranked-choice voting for president failed to obtain enough signatures. See this story. The Secretary of State says the petition needed another 1,600 valid signatures.

Assuming the Secretary of State’s decision is not successfully challenged, this means Maine will use ranked-choice voting for president in November 2020. This will be the first time in U.S. history that any state has used ranked-choice voting in a presidential general election. If the petition had received enough valid signatures, then the voters would have voted again on whether to use ranked-choice voting (for president) in November 2020, but in the meantime it could not be used.

New York Ballot Access Case is Expedited

Posted on by July 16, 2020
1

On July 17, U.S. District Court Judge Philip Halpern will hear Eisen v Cuomo, s.d., 7:20cv-5121. This is a challenge to the New York executive order of June 30 that sets the number of signatures for an independent U.S. House candidate at 2,450 signatures, due July 30.

Normally an independent for U.S. House in New York needs 3,500 signatures. The Governor’s order set the requirement at 70% of normal. However, earlier this year, the Governor had set the primary petition for U.S. House candidates at only 30% of normal. The state’s brief is due later today, July 16.

Howie Hawkins Files Federal Lawsuit Against Amount of Oklahoma Presidential Filing Fee

Posted on by July 16, 2020
18

On July 15, Howie Hawkins, Green Party presidential nominee, sued Oklahoma over the $35,000 filing fee for president. The fee is only paid by presidential candidates who are not the nominees of a qualified party. There is a petition alternative to the filing fee, but it requires 35,592 signatures. Hawkins v Ziriax, w.d., 5:20cv-687.

No filing fee in Oklahoma exceeds $2,000, except for the presidential filing fee. The U.S. Supreme Court in Anderson v Celebrezze said states should not require more difficult ballot access requirements for independent presidential candidates, than for independent candidates for other office.

U.S. District Court in Ohio Rejects Ballot Access Relief for Minor Party and Independent Candidates

Posted on by July 16, 2020
2

On June 24, U.S. District Court Judge James L. Graham, a Reagan appointee, rejected ballot access relief for independent candidates in Ohio. Hawkins v DeWine, s.d., 2:20cv-2781. The 12-page order says that because Ohio had exempted “First Amendment Activity” from its lockdown order, there is no basis for relief. The opinion says, “The State’s COVID-19 orders imposed no significant burden on plaintiffs’ signature-gathering rights.”

Howie Hawkins has appealed to the Sixth Circuit. The case number is 20-3717. Ohio requires 5,000 signatures for statewide independent petitions. The presidential petition is due August 5. The only ballot-qualified parties in Ohio are Democratic, Republican, and Libertarian.

Independent U.S. Senate Candidate in Maine Files Scathing Reply Brief in Ballot Access Case

Posted on by July 16, 2020
2

On July 15, Tiffany Bond, an independent candidate for U.S. Senate in Maine, filed this reply brief in her ballot access lawsuit, Bond v Dunlap, 1:20cv-216. It is worth reading. The case concerns whether Maine should give ballot access relief due to the health crisis. Bond was half-finished with her petition when the crisis began.