South Dakota Constitution Party Asks Federal Court to Put Its Nominees on Ballot and to Resolve Intra-Party Dispute, but Court Declines

Although the Constitution Party is ballot-qualified in South Dakota, it has no nominees on the November 2018 ballot because it has two factions, each of which chose its own nominees in separate conventions. After a state court refused to adjudicate the internal dispute, one faction went to federal court, and the other faction intervened. But for many procedural reasons, the federal court also declined relief. Here is the opinion in Johnson and Hubbel v Krebs, 4:18cv-4108, issued October 1. The case had been filed on August 29. Thanks to Kurt Evans for the link.

Virginia Republican Party Files Brief in Fourth Circuit in Case Against Law that Lets Incumbents Tell Parties How to Nominate

Virginia election law lets parties decide whether to nominate by primary or convention. But, the law also says if an incumbent is running for re-election, his or her wishes (as to how the party should nominate) override the wishes of the party. A unit of the Republican Party, the Sixth Congressional District Committee, won a lawsuit in U.S. District Court against this law. The state appealed to the Fourth Circuit. On September 27, the Republican Party filed this brief, arguing that the case should proceed and that the Fourth Circuit should affirm the U.S. District decision.

Florida Candidate Kept Off Ballot Because Notarization of a Campaign Finance Report was Twelve Minutes Late

A Florida candidate for county judge in Clay County is being kept off the ballot because her campaign finance form notarization wasn’t completed until twelve minutes after noon, on the filing deadline. The filing deadline was noon. The candidate sued, but no state court was willing to rule in her favor. See this story.

Reply Brief Filed in Illinois Ballot Access Case

On October 1, the plaintiffs in Gill v Scholz, c.d., 3:16cv-3221, filed this 14-page reply brief. This is the case that challenges Illinois ballot access for independent candidates for U.S. House. There will be one more brief, from the state. The case was filed in 2016 by independent candidate David Gill, against the 5% (of the last vote cast) petition requirement, and the restriction that the petition must be completed in 90 days.