North Carolina Legislature Passes Bill to Prevent Judicial Candidates Who Switched Parties from Having Party Label on Ballot

On July 24, the North Carolina legislature passed SB 3, on the same day the bill had been introduced. It says that party labels for judicial candidates will be omitted, for candidates who had switched party affiliation during the 90 days preceding filing for office.

The motive for the bill is that one of the State Supreme Court elections this November has three candidates on the ballot, two Republicans and one Democrat. There is no provision for a runoff. The Republican majority in the legislature believes that one of the Republicans is secretly loyal to the Democratic Party, and that he only changed his registration from Democrat to Republican, and then filed to run, in order to split the Republican vote. There are no party nominees for judicial races in North Carolina, and no involvement with any primary, but there are party labels in November.

If Governor Roy Cooper vetoes the bill, the legislature will almost certainly override his veto. If it is enacted, there will be a question as to whether it is constitutional for a government to print party labels for some candidates, but not other candidates. A similar case is pending in the Ninth Circuit in California, Soltysik v Padilla. A decision could come at any time.

West Virginia Secretary of State Applies Prior Disaffiliation Law to Bar Constitution Party Nominee for U.S. Senate

On July 26, the West Virginia Secretary of State ruled that the Constitution Party nominee for U.S. Senate, Don Blankenship, cannot be on the November ballot even though he has enough valid signatures. The Secretary of State invoked the law, passed this year, that says a candidate cannot petition to be on the November ballot if he was a registered member of a qualified party at any time during that year. See this story.

Blankenship will sue, arguing that the prior disaffiliation law cannot be applied to him because it did not exist until June 2018. Courts generally hold that due process prevents a state from making ballot access more difficult, in the middle of the petitioning period. The U.S. Supreme Court affirmed one of these decisions in 1977, Hudler v Austin, a Michigan case.

There are now two states in which Constitution Party nominees must go to court to be on the ballot, because the party’s nominees for some offices had run in major party primaries. In each case, the law cited by states to keep them off the ballot was not passed until after the Constitution Party had nominated its candidates. The other such state is North Carolina.

Poll Says 20% of Likely California Voters Will Leave U.S. Senate Blank

On July 26, the Public Policy Institute of California released a poll for various offices and issues. The poll asked about the U.S. Senate race. In November, two Democrats are the only candidates listed, and there is no write-in space. Among likely voters, 20% volunteered that they will leave their ballot blank for U.S. Senate (the pollster did not suggest this idea). Here are the results. Scroll down to page eight for the U.S. Senate race.

In November 2016, when there were also just two Democrats on the ballot for U.S. Senate, 16% of the voters left U.S. Senate blank.

Rhode Island Board of Elections Keeps Rocky De La Fuente on Republican Primary Ballot for U.S. Senate, Despite his California Residence

On July 25, the Rhode Island State Board of Election Canvassers determined that Rocky De La Fuente should remain on the Republican primary ballot as a candidate for U.S. Senate. His ballot position was challenged by a voter, but the Board’s attorney expressed the opinion that the U.S. Constitution does not allow states to impose residency requirements for congressional candidates, because Article One only mentions the candidate’s residence on election day, and no one can know the future residence of anyone else. If he happened to win the Republican primary, it is conceivable he would then move his residence to Rhode Island. See this story. The primary is September 12.