West Virginia Moves Primary for President and Other Office from May 12 to June 9

On April 1, West Virginia Governor Jim Justice moved the primary for all office from May 12 to June 9. Thanks to Jeff Becker for this news.

The change does not have any effect on minor party or independent candidate petitions. The deadline for those petitions is August 3, and there is no connection between the primary date and the petition deadline.

Vermont Waives Petition Requirements for 2020 Primary and General Elections

On March 30, Vermont Governor Phil Scott signed HB 681, which eliminates all candidate petitions during 2020, both for candidates seeking a spot on a primary ballot, or the general election. Here is the bill. Scroll down past the bill’s original contents. As introduced originally, the bill had nothing to do with election law. Thanks to Ballotpedia for this news.

Without this bill, unqualified parties would have needed 1,000 signatures to place their presidential nominee on the November ballot. The only qualified parties besides the Democratic and Republican Parties are the Liberty Union, Progressive, Green Mountain, and Libertarian Parties. The Green Mountain Party is organized only in Vermont, has never participated in a presidential election, and has no connection to the Green Party.

Don Blankenship Wins Procedural Ruling in His Defamation Lawsuit

On March 31, Don Blankenship, a leading candidate for the Constitution Party presidential nomination, won a procedural victory in his defamation lawsuit against the National Republican Senatorial Committee and many large media companies. Blankenship v Napolitano, s.d.W.V., 2:19cv-236.

Here is the opinion. Some of the defendants were excused from the lawsuit, often because they showed they have virtually no readership in West Virginia. The basis for the lawsuit is that many media figures labelled Blankenship a “felon.” He was convicted of the misdemeanor of conspiring to violate federal mine safety laws in 2016, but he was never convicted of a felony, and the evidence so far suggests that the media reporters and commentators knew that, but used the term “felon” anyway. Now there will be a trial. Blankenship will need to establish that the groups he sued had malice against him. Thanks to Frank Fluckiger for this news.

U.S. District Court Alters Some Procedures for Wisconsin April 7 Primary

On April 2, U.S. District Court Judge William Conley ordered some changes in the upcoming Wisconsin primary. He did not delay the election, which is a presidential primary combined with non-partisan judicial elections. But he made some changes in voting procedures. (1) mailed absentee ballot don’t need to arrive at the election administration office until April 13; (2) the deadline for requesting an absentee postal ballot is extended til April 3; (3) absentee applicants no longer need a notarized statement explaining why they can’t vote at the polls.

Read his 53-page opinion, explaining the basis for his order, here.

No Democratic Candidates Appear to have Qualified for U.S. House in South Dakota

South Dakota requires candidates running in primaries for Congress to file petitions to get on a primary ballot. The primary is June 2. The petition deadline was March 31. It appears from the Secretary of State’s list of candidates that no Democrat qualified for the Democratic primary ballot for U.S. House. Democrats needed 1,615 signatures of party members. This blog post originally said there didn’t seem to be a Democrat for U.S. Senate either, but on April 2, the Secretary of State showed a Democrat had filed for that office.

Generally South Dakota Democrats running for statewide office don’t need that many signatures. The law requires a number equal to 1% of the party’s last gubernatorial vote. The Democratic nominee for Governor in 2018, Billie Sutton, did unusually well for a Democrat in South Dakota. By comparison, after the 2014 gubernatorial election, Democrats only needed 706 signatures.

The legislature adjourned March 30. At the last minute it did pass a bill delaying April municipal elections, but it does not seem to have passed any bill to alter the June primary. Thanks to Dan Fishman for alerting me to the South Dakota candidate list. South Dakota does not permit write-ins in either primaries or the general election; it is one of only four states that has never permitted any write-ins. The others are Nevada, Hawaii, and Oklahoma.