Kentucky Moved Non-Presidential Petition Deadline from August to June

Posted on by May 18, 2019
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Ballot Access News has just learned that in 2018, the Kentucky deadline for non-presidential independent candidate deadlines was moved from August to early June.  However, no change was made to the petition deadline for presidential candidates, which is still in September.  Thanks to Ken Moellman for this news.

It is not likely that the June deadline for office other than president is unconstitutional, because the Kentucky primary is in May.  Generally, for office other than president, courts allow the petition deadlines to be somewhat early in the year, as long as that petition deadline is later than the primary.

Ninth Circuit Upholds Washington State Law Requiring Independent Presidential Candidates to Run Newspaper Ad Before Starting to Petition

Posted on by May 18, 2019
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On May 15, the Ninth Circuit issued a five-page unsigned order, upholding Washington state’s law that requires independent presidential candidates to run a newspaper legal notice at least ten days before the candidate may start to petition.  De La Fuente v Wyman, 18-35208.  The U.S. District Court had struck down the requirement, but the Ninth Circuit reversed.

The Ninth Circuit wrote, “It may be that Washington’s requirement is somewhat antiquated, and that publishing newspaper notices does little in this day and age to alert Washington’s voters to ongoing political activity.  But because the burden imposed by the notice requirement is ‘slight’, Washington must only show that the law furthers ‘important regulatory interests.’..As such, even the modest notice function served by newspaper publication is enough to justify the minimal intrusion on candidates’ free speech rights occasioned by the notice requirement.”

U.S. Supreme Court Asks Plaintiffs in Michigan and Ohio Gerrymandering Cases to Respond by May 20

Posted on by May 18, 2019
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The U.S. Supreme Court has asked the plaintiffs in the Michigan and Ohio partisan gerrymandering cases to respond by 3 pm, Monday, May 20.  The two state governments are hoping to persuade the U.S. Supreme Court to stay decisions in each state from U.S. District Courts, telling the two states to redraw their U.S. House boundaries before the 2020 election.

Congressman Justin Amash Says that President Trump Has Engaged in Impeachable Conduct

Posted on by May 18, 2019
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On May 18, Congressman Justin Amash (R-Michigan) tweeted that President Trump has engaged in impeachable conduct.  He said this after reading the Mueller Report.  Amash also said that few other Republican members of Congress have read the report.

Amash’s outspoken comments might suggest a willingness to run for president in 2020, conceivably as a candidate for the Libertarian presidential nomination.  Thanks to Political Wire for this news.  See this Newsweek story.  UPDATE:  see this Bloomberg story, which mentions the idea of Amash seeking the Libertarian nomination.

U.S. District Court Says Florida Ballot Order Lawsuit Needs a Trial

Posted on by May 18, 2019
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On May 13, U.S. District Court Judge Mark Walker issued a two-page order in Jacobson v Lee, n.d., 4:18cv-262.  This is the case in which the Democratic Party challenges the Florida law that says the nominees of the party that won the last gubernatorial election are always listed on top.  Republicans have won every gubernatorial election in Florida starting in 1998, so have enjoyed the top spot on the ballot for over twenty years.

The order says that the trial set for July 15 will go on as scheduled.  Both sides had asked for summary judgment, but the judge rejected that idea.  He wrote, “Defendant’s arguments regarding justiciability, laches, standing, and the applicable statute of limitations are unpersuasive.”  This means the judge rejected all the state’s procedural objections to the lawsuit.

He also wrote, “There are material issues of disputed fact regarding ‘position bias’ and its purported effects on Florida elections as well as the viability of alternatives to the current scheme.  For example, at this juncture, this Court cannot ‘weigh’ the testimony of the experts.”