Independent Candidate for Mayor of Indianapolis Sues to Validate Signatures

Posted on by August 7, 2019
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On August 6, John Schmitz, an independent candidate for Mayor of Indianapolis, sued to obtain a place on the ballot. Schmitz v Marion County Board of Elections, s.d., 1:19cv-3314. He needed 6,106 valid signatures. He submitted 8,295. The Board rejected his petition. He would have had enough valid signatures, except that election officials disallowed the signatures of people who are clearly registered voters in Indianapolis, but who listed a different address on the petition than on their voter registration form. UPDATE: see this news story.

Here is the Complaint, which cites several federal laws about voting, including the 1965 Voting Rights Act which has often been interpreted to mean that if an elections administrator knows that a particular signer is a registered voter within the relevant jurisdiction, the signature counts even if the address on the petition doesn’t match the address on the voter registration form. The case is assigned to U.S. District Court Judge Tanya Walton Pratt, an Obama appointee.

Former Constitution Party Activists Form New Political Party

Posted on by August 6, 2019
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Two former Constitution Party leaders who have left the Constitution Party have formed a new national party called the Life & Liberty Party. The national chair is J. R. Myers of Alaska, and the vice-chair is Lori Stacey of South Dakota. The Life & Liberty Party recently completed its Arkansas petition for presidential status, and the Arkansas Secretary of State has said it has enough valid signatures. That petition requires 1,000 signatures. Thanks to Independent Political Report for this news.

California Republican Party Files Lawsuit Against New Presidential Primary Ballot Access Law in State Supreme Court, Using State Constitution

Posted on by August 8, 2019
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On August 6, the California Republican Party filed a lawsuit in the State Supreme Court, Patterson v Padilla, S257302. It requests that court accept the case, even though the lower state courts have not handled it yet. Sometimes State Supreme Courts do that. It argues that the California Constitution bars California from enforcing Senate Bill 27, the new law that says candidates can’t appear on a presidential primary ballot unless they reveal their income tax returns.

There are now six lawsuits pending against the new law, five using the U.S. Constitution, and one using the State Constitution. The State Constitution says the Secretary of State must put all “recognized” presidential candidates on a presidential primary ballot (assuming they are seeking the nomination of a party). That provision was passed in 1972.

Ninth Circuit Expedites Arizona Case on Timing of Next Election to Fill Senator McCain’s Seat

Posted on by August 6, 2019
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On August 1, the Ninth Circuit issued a one-page order, expediting Tedards v Ducey, 19-16308. This is the case that challenges Arizona’s decision not to hold an election for John McCain’s U.S. Senate seat until November 2020. McCain died in August 2018. The U.S. District Court had upheld the state’s decision. The plaintiffs argue that a special election should be held in 2019 or early 2020. The three judges are Mary M. Schroeder, William Canby, and Morgan B. Christen.

The briefs are due by mid-October 2019. The oral argument will be in November 2019. Thanks to Rick Hasen for this news.