Pennsylvania Supreme Court Upholds Ban on Most Types of Fusion by 4-3

Posted on by June 16, 2019
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On June 5, the Pennsylvania Supreme Court upheld a state law that does not permit unqualified parties to engage in fusion with qualified parties. Working Families Party v Commonwealth of Pennsylvania, 34 EAP 2017. Pennsylvania does permit the nominees of parties that nominate by primary to engage in fusion with each other. The Working Families Party sued, saying that equal protection should permit unqualified parties to also engage in fusion with a party that nominates by primary. Here is the decision.

The vote was 4-3. Justices David Wecht and Debra Todd, both Democrats, each wrote dissents. Justice Christine Donohue, also a Democrat, joined both dissents. The Wecht dissent is 35 pages, longer than the majority opinion.

Ironically, one justfication mentioned by the court was to protect unqualified parties from being forced to engage in fusion against their will. There are other methods the state could have used to solve this problem, but the court did not mention them.

Seventh Circuit Upholds Petition Requirement for Primary Ballot Access in Cook County, Illinois

Posted on by June 16, 2019
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On June 5, the Seventh Circuit upheld a challenge to the Illinois ballot access law for primary candidates in Cook County, Illinois. A Democratic candidate for Sheriff needed signatures of one-half of 1% of the Democratic Party vote in the last election, which in 2018 was 8,236 signatures. Acevedo v Cook County Electoral Board, 18-2979. The plaintiff argued that he could not be required to collect more than 5,000 signatures, because statewide primary candidates in Illinois only need 5,000.

The decision says that the plaintiff failed to introduce any evidence showing that it is a severe burden to collect 8,236 signatures. Illinois does not have registration by party, so any voter was permitted to sign if that voter had not signed the petition of anyone else running in the Republican primary that year, or had not signed for another Democrat running for Sheriff.
Here is the 8-page decision.

The decision is by Judge Amy Coney Barrett, a Trump appointee. It is also signed by Judge Amy J. St. Eve, a Trump appointee; and David Hamilton, an Obama appointee. Thanks to Thomas Jones and Rick Hasen for this news.

Few Minor Party Candidates for New Jersey Legislature in 2019 Election

Posted on by June 6, 2019
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The New Jersey Elections Division has posted the list of petitioning candidates for the legislature in the November 2019 election. Out of the 40 districts (each district electing two), there are only three minor party candidates. The Legalize Marijuana Party has two candidates in the 15th district, and the Libertarian Party has one in the 37th district. Each candidate needed 100 signatures.

There are also 13 independent candidates. Independent candidates in New Jersey are free to choose any short partisan label. Here is the list.