Ohio Supreme Court Restores Libertarian Local Candidate to the November 2019 Ballot

On July 15, the Ohio Supreme Court unanimously put Robert Bender back on the November 2019 ballot as a Libertarian nominee for City Council of Reynoldsburg. This is a partisan election. State ex rel Bender v Franklin County Board of Elections, 2019-Ohio-2854.

Bender had needed 13 valid signatures to get on the Libertarian primary ballot. He submitted 22. After the primary was over (which Bender won by default), the Board of Elections removed him from the general election ballot because someone had challenged his primary petition. But the Supreme Court ruled that the protester didn’t have standing, because he had not voted in a Libertarian primary in either of the last two annual elections.

Here is the nine-page opinion. UPDATE: here is a newspaper story about the outcome.

Howie Hawkins Hopes to Qualify for Primary Season Matching Fund During Calendar Year 2019

Howie Hawkins, who is seeking the Green Party presidential nomination, hopes to qualify for primary season matching funds by the end of 2019. If he does, he will be able to receive those funds in January 2020. The federal law on primary season matching funds does not allow any presidential candidate to receive the funds earlier than January 1 of the presidential election year.

Jill Stein qualified for primary season matching funds in 2016, but she didn’t receive the funds until April 14, 2016.

The Federal Election Commission has ruled many times that primary season matching funds may be used to pay petitioners to get the candidate or that candidate’s party on the general election ballot. Therefore, the sooner the presidential candidate receives the money, the better for that candidate’s general election ballot access.

Lawsuit Filed Against Arizona Restriction on Initiatives

On July 11, a federal lawsuit was filed against an Arizona law that says if an out-of-state circulator’s work is challenged, and he or she can’t appear in Arizona to testify in-person in defense of the work, all the signatures collected by that circulator are automatically invalid. Miracle v Hobbs, 2:19cv-4694. Here is the Complaint. Thanks to ElectionLawBlog for the link.

Federal “Equal Time” Law Forces Green Party Candidate to Give up Candidacy

The federal “Equal Time” law was passed in the 1930’s, and said radio had to give equal time to all candidates for office. Over the years the courts have whittled it down, so that now it has no effect except to apply to candidates who have a regularly-scheduled radio or television show. If they run for office, their employer must give equal time to all their opponents. So, invariably, individuals who have regularly-scheduled radio or television host jobs are told by their employers that their show must be suspended during their candidacy.

Green Party candidate Joseph DeMare has a regularly-scheduled radio show, so, as this article explains, he had to choose between continuing the show, or running for Bowling Green, Ohio city council. He chose to keep his job, and gave up his candidacy.