Lawsuit Filed to Overturn Nebraska 10% Petition Requirement for Non-Presidential Independent Candidates

On May 29, an independent candidate for Nebraska Treasurer, Kent Bernbeck, filed a lawsuit against the petition requirement. The 2016 session of the Nebraska legislature raised the petition from 4,000 signatures for statewide office, to 10% of the number of registered voters as of the time the petition is submitted, which is a constantly shifting target. Bernbeck v Gale, 4:18cv-3073. Here is the Complaint. The case is assigned to Judge John M. Gerrard, an Obama appointee.

The case also challenges the Nebraska law that says the ballot label for all independent candidates is “By petition.” UPDATE: here is a short Associated Press story about the lawsuit.

New York Democratic Party Defeats Proposal to Allow Independents to Vote in Democratic Primaries

On May 23-24, the New York Democratic Party held its state convention. The delegates tabled a resolution that would have allowed independent voters to vote in Democratic Party primaries, if they switched to being Democrats by 25 days before the primary. Parties have the right to decide to let independent voters vote in their primaries, regardless of state law. Current New York statutory law says no one can vote in a primary (except new registrants) unless they had registered into the party in the year before the election.