U.S. District Court Rejects North Carolina Democratic Party’s Request for Speedy Action on Lawsuit on Judicial Primaries

On December 27, the North Carolina Democratic Party asked a U.S. District Court Judge not to grant more time for the defendants to respond in North Carolina Democratic Party v Berger, m.d., 1:17cv-1113. This is the lawsuit on whether the state violated the U.S. Constitution earlier this year when it abolished primaries for judicial offices in the 2018 election.

However, later on December 27, the Judge did grant more time for the defendants to respond. The briefs in the case are now due by January 17. It is conceivable that by then, the law will have been amended anyway. The legislature convenes on January 10 and because the Defendants are the leaders of each house of the legislature, they probably have the power to change the law quickly.

Russia’s Exclusion of Aleksei Navalny Shows the Superiority of U.S. Constitutional System on Qualifications

The Russian government is barring Aleksei Navalny from the March 2018 presidential ballot because he was once convicted of a crime. In the United States, it would not be possible for the government to keep anyone of the ballot for federal office because he or she was once convicted of a crime. The U.S. Constitution sets forth the qualifications to run for federal elective office, and neither the states, nor the federal government, can add to those qualifications.

This is why California Governor Jerry Brown was correct this year to veto SB 149, which barred presidential candidates from the ballot if they did not release their tax returns. And this is why it was wrong for Pennsylvania, Alabama and Arkansas to keep Rocky De La Fuente off the ballot in 2016 on the grounds that he had sought the Democratic presidential nomination earlier that year, and why it was wrong for Michigan to do the same thing to Gary Johnson in 2012.

Past presidential candidates in the United States, who were not barred from the ballot in any state because they were felons or ex-felons, include Eugene Debs, Vincent Hallinan, and Lyndon LaRouche.

Alabama Secretary of State Won’t Provide a Tally of the Write-in Votes for U.S. Senate

Although news reports have said the Alabama Secretary of State would tally up the write-in votes cast for U.S. Senate on December 12, 2017, now the office says it will not do that. Instead it will let visitors to the Secretary of State’s web page look at the tally each county provided. But there won’t be official statewide totals for any write-in candidate. Anyone who wants to know how many write-ins any particular candidate received will be obliged to add up the figures provided by each county. Hence any total that anyone compiles won’t be “official.”

Furthermore, some of the county reports are in handwriting, and some of these reports are difficult to read.

The official totals for Doug Jones and Roy Moore will be released on Thursday, December 28.

North Carolina Legislative Leaders Respond to Democratic Party’s Lawsuit Over Repeal of 2018 Judicial Primaries

On December 22, the defendants in North Carolina Democratic Party v Berger, m.d., 1:17cv-1113, filed their first response. This is the case concerning the recent law that abolishes primaries for judicial office. The Defendants say the legislature may repeal or amend the law in early 2018. Because the defendants are leaders of both houses of the legislature, this statement is meaningful. The legislature convenes on January 10, 2018.

Daily Kos Website Shows 2018 Primary Dates and Dates on Which Primary Candidates Must File

Daily Kos has this useful page that shows the date of each state’s 2018 primary, and also the date on which primary candidates must file. The chart does not have any information for deadlines for independent candidates or for new parties, or parties that nominate entirely by convention. Thanks to Adam Bonin for the link.