Kentucky State Court Says Secretary of State Must Put Third Place Candidate on November Ballot, After First Place Finisher Died the Day After the Primary

Kentucky held primaries in May. The day after the primary, the top vote-getter for Ninth Division Judge died. If he had not died, he and the second-place finisher would have been on the run-off ballot in November.

The third-place finisher, who had had only 17 votes fewer than the second-place finisher, then sued to be on the November ballot. On June 25, she won the case. See this story. If she had not won the lawsuit, the November ballot would have only the name of the second-place finisher, giving voters no choice except via write-ins.

Sixth Circuit Upholds Ohio Rule that Prohibits Candidates for Judge from Raising Campaign Contributions Until Four Months Before Election

On June 25, the Sixth Circuit upheld Ohio regulations that do not permit anyone running for judge to start to raise campaign funds until four months before the election. The U.S. District Court had also upheld the regulation. Here is the decision in Platt v Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court, 17-3461.

The plaintiff wanted to run for Court of Common Pleas Judge in Hamilton County in 2014. The filing deadline for candidates was 90 days before the election. He complained that he needed to start early to raise campaign funds, because he didn’t want to file unless he was successful in raising enough campaign contributions. But the rules of the Ohio Supreme Court forbad him from even asking for money until four months before the election. That gave him only 30 days to start raising money, before he had to decide whether to file. His lawsuit emphasized that he is not a judge; he is only someone who was considering whether to run for judge. Thanks to Rick Hasen for the link.

Terry Hayes, Independent Candidate for Maine Governor, Prevails on Ability to Hand Out Campaign Literature at the Polls on Primary Day

Terry Hayes is a strong independent candidate for Governor of Maine. She filed a lawsuit on May 26 in state court, seeking a ruling that her supporters are permitted to hand out campaign literature at the polls on primary day, June 12. The Secretary of State had said such activity is not permitted, but she argued that the restriction on campaign activity at the polls only applies to candidates who are on the primary ballot. She was not on the primary ballot, because independent candidates in Maine, as in 46 other states, have nothing to do with the primary.

At the hearing, the Secretary of State backed away from his earlier stance, and said he didn’t really know whether Hayes supporters could be at the polls or not. So, the judge dismissed the case because it appeared there was nothing to resolve. The case had been Hayes v Dunlap, Kennebec County Superior Court, AP-18-26. Hayes supporters did then appear at the polls around the state on June 12.

Eleventh Circuit Will Hear Argument in Wilding v Democratic National Committee in September

The Eleventh Circuit will hear Wilding v Democratic National Committee the week of September 24. This is the case in which persons who supported Bernie Sanders, and who contributed money to the Democratic Party, are suing the party for not following its own rules of neutrality in the 2016 race for the Democratic presidential nomination.