On June 20, Steve Schmidt, who was John McCain’s campaign manager in the 2008 presidential election, said he has switched his registration from Republican to independent. He also said he expects to vote for Democrats in the near future. Thanks to Political Wire for this news.
On June 8, the Tenth Circuit refused to reconsider its earlier decision in Utah Republican Party v Cox, 16-4091. The earlier decision said that the Utah procedures for parties to nominate candidates are constitutional. The Republican Party had filed this case, arguing that it does not want candidates to get on the Republican Party primary ballot unless they have substantial support at a party meeting. But the law permits such candidates if they submit a petition.
The June 8 order, denying rehearing, said that the original decision would be slightly amended by adding footnote 29. That footnote says, “Our decision addresses only the issues presented to us. We do not address the reach of governmental power to regulate other associational nominating decisions.” The purpose of that footnote is to protect associations that are not political parties from being told how to conduct their affairs.
On August 21, 2017, U.S. District Court Judge John E. Jones III upheld Pennsylvania’s residency requirement for petitioners who circulate primary petitions. De La Fuente v Cortes, m.d., 1:16cv-1696. The judge said the law is needed to protect the associational rights of the Democratic and Republican Parties, because if out-of-state circulators were permitted for primary petitions, those circulators might not be members of the same party. De La Fuente then appealed that decision to the Third Circuit.
On June 18, 2018, the Pennsylvania Attorney General’s department wrote a letter to the Third Circuit, saying De La Fuente’s appeal should be dismissed because the state does not intend to enforce the residency requirement for primary petition circulators in the future.
On June 19, the North Carolina Senate overrode the gubernatorial veto of SB 486. The bill, which the Governor had vetoed on June 15, prevents new parties from nominating anyone who had earlier that year lost a primary for the same office.
The House will vote on the override on Wednesday, June 20.
In the meantime, the Constitution Party held its nominating convention on June 16 and nominated ten candidates, including three individuals who had lost major primaries for the same office in May. One candidate had run for a legislative seat, and two for county partisan office. Because the Constitution Party nominated these individuals at a time when there was no sore loser law, under due process tradition, they ought to be allowed to be Constitution Party nominees this year. However, the State Board of Elections is unwilling to say whether they will be allowed to run.
George Will has this column about William Weld’s quest for the 2020 Libertarian Party nomination.
