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Nebraska Bill to Ease Non-Presidential Independent Petition Requirement

Posted on January 20, 2018 by Richard WingerJanuary 20, 2018

Nebraska State Senator Justin Wayne (D-Omaha) has introduced LB 969. It lowers the number of signatures for non-presidential independent candidates for statewide office to 4,000, and the number for U.S. House independents to 2,000.

Current law requires 10% of the number of registered voters, which for statewide office this year would be approximately 130,000 signatures. No one can know the exact number because it is based on the registration data as of the time the petition is submitted. Such petitions are not due until September 1. If anyone did comply with the existing law, probably the state would be hard-pressed to check the signatures in time. The existing requirements were created in 2016. Before 2016, they were also 4,000 for statewide office, and 2,000 for US House.

Senator Wayne is an attorney, so he is probably aware that the 2016 law created unconstitutionally difficult requirements. Thanks to Mark Elworth for the news of the bill.

Constitution Party Submits Petition for Hawaii 2018 Ballot

Posted on January 20, 2018 by Richard WingerJanuary 20, 2018

On January 19, the Constitution Party submitted its petition to become a qualified party in Hawaii. The party turned in more than double the requirement. This is the first time the Constitution Party has ever petitioned in Hawaii in a mid-term year.

Arizona Democratic Primary Ballot for Special Election is Unsettled

Posted on January 20, 2018 by Richard WingerJanuary 20, 2018

Arizona holds primary elections on February 27 for parties to choose nominees for the U.S. House special election vacancy (8th district). Three Democrats filed for the Democratic primary, but the signatures of two of them are being challenged. See this Roll Call story. Thanks to Richard Grayson for the link.

U.S. District Court Rejects Attempt to End the Lawsuit Over Straight-Ticket Voting, Says Trial is Needed

Posted on January 20, 2018 by Richard WingerJanuary 27, 2018

On January 19, U.S. District Court Judge Gershwin Drain issued this order in the lawsuit over straight-ticket voting, which is Michigan State A. Philip Randolph Institute v Johnson, e.d., 2:16cv-11844. The case is over whether the U.S. Constitution requires Michigan to keep the straight-ticket device, even though the legislature repealed it in early 2016. The plaintiffs argue that eliminating the device injures African-American voters.

The order says that the state’s attempt to dismiss the case fails, and that a trial will be needed to gather evidence. Pages 20-21 mentions the party logo (“vignette”) as a reason to keep the straight-ticket device. It is strange that the judge mentioned the logo, because logos were repealed in 2017 by HB 4177. Perhaps the state’s briefs have never told the judge about this change in the law.

It is unfortunate that no one has told the judge that straight-ticket voting is very harmful to independent candidates. The state doesn’t seem to be interested in making that argument, and no one has intervened in the case on behalf of independent candidates. Thanks to Thomas Jones for this news.

Bernie Sanders Supporters File their Opening Brief in Eleventh Circuit in Lawsuit Against Democratic National Committee

Posted on January 19, 2018 by Richard WingerJanuary 19, 2018

On January 19, the Bernie Sanders supporters who are suing the Democratic National Committee filed their opening brief in Wilding v Democratic National Committee, 17-14194, in the Eleventh Circuit. The 40-page brief lays out the basic argument, which says that persons who donated to the Democratic Party have standing to complain that the party did not observe its own rules, requiring the party to remain neutral in the race for the presidential nomination.