Pennsylvania Case on Out-of-State Petitioners for Primary Petitions is Now Almost Four Years Old, with No Decision

In January 2016, a professional petitioner who wanted to work in Pennsylvania, for presidential primary candidates, filed a lawsuit to overturn the requirement that he must be a Pennsylvania resident in order to circulate such petitions.  Benezet v Cortes, m.d., 1:16cv-74.

Pennsylvania already lets out-of-state petitioners work on general election petitions, but says out-of-state circulators can’t work on primary petitions because that would violate the freedom of association of the two major parties.  The case is now almost four years old and is still awaiting a decision from U.S. District Court Judge Yvette Kane.  She was Secretary of the Commonwealth before she was a federal judge, so she is very familiar with election law.

California Trial Court Refuses to Order Secretary of State to Revise Presidential Primary System

On November 19, a California trial court judge refused to issue an injunction in Boydston v Padilla.  This is the case in which a group of California voters say the State Constitution requires the state to print up a presidential primary ballot that would contain the names of all candidates, from all parties.  Any independent voter would be free to choose that ballot, or else choose a ballot from one of the three parties that lets independents vote in its primary.

The order says the injunction is denied because the plaintiffs have failed to establish that they are likely to prevail on the constitutional issue.  The case is civ-ds-1921480, San Bernardino County Superior Court.

Hearing Set in Michigan Ballot Access Case

U.S. District Court Judge Victoria Roberts will hear Graveline v Benson, e.d. Mich., 2:18cv-12354, on December 17, Tuesday, at 8:30 a.m.  This is the case over the Michigan independent petition requirement for statewide office, 30,000 signatures.  Last year the same judge had enjoined the law and put the plaintiff, Doug Graveline, on the November ballot as an independent candidate for Attorney General.  The upcoming hearing is to determine the constitutionality of the law.

Filing Closes for New Hampshire Libertarian Party Presidential Primary

The New Hampshire Libertarian Party is administering its own presidential primary.  The filing was October 30, 2019 through November 15, 2019.  Ten candidates filed:

Ken Armstrong, Louisiana

Dan Taxation is Theft Behrman, Nevada

Keenan Wallace Dunham, South Carolina

Erik Gerhardt, Pennsylvania

Jo Jorgensen, South Carolina

Sam Robb, Pennsylvania

Kim Ruff, Arizona

Vermin Supreme, Massachusetts

Arviv Vohra, Maryland

Arlen Lawson Wright, Texas

Newsday Carries My Letter to the Editor in Opposition to Proposed Toughening of Ballot Access

Newsday, the dominant daily newspaper on Long Island, here carries my letter, opposing the idea that New York’s definition of “political party” should be made more stringent.

Last week Newsday had editorialized in favor of increasing the number of votes needed for a group to become a qualified party, from 50,000 votes for Governor, to either 150,000 or 250,000.  The proposal is being considered by the state’s Commission on Public Funding, a group that has the authority to change New York state election laws unless the legislature vetoes the group’s ideas.