Eighth Circuit Dismisses State of Arkansas’ Appeal in Libertarian Ballot Access Case

Posted on by December 1, 2017
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On November 30, the Eighth Circuit issued an eight-page opinion in Libertarian Party of Arkansas v Martin, 16-3794. The issue was the deadline for a new party to submit its petition for party status. The old deadline was more than a year before the election, but the U.S. District Court had declared it unconstitutional on July 15, 2016. The state had then appealed to the Eighth Circuit. But after the briefs had been filed in the Eighth Circuit, the legislature improved the deadline so that it is on primary day, which is May of the election year.

Despite the legislature improving the deadline, the state continued asking the Eighth Circuit to rule that the U.S. District Court had been wrong. But the Eighth Circuit said the case is moot, and that there is little reason to fear that the legislature will make the deadline worse again in the future. The Eighth Circuit noted that the bill fixing the deadline had passed unanimously in one chamber, and only two votes were cast against it in the other chamber. The Eighth Circuit also said that the U.S. District Court had been correct to award attorneys’ fees to the attorney for the Libertarian Party.

At the oral argument, the Libertarian Party had asserted that even the new deadline is too early, but the Eighth Circuit said that is an issue for a future case, if the party wants to file a new case someday. The opinion is by Judge Roger Wollman, a Reagan appointee; and it is signed by Judge Michael Melloy and Raymond Gruender, Bush Jr. appointees.

Alabama Secretary of State Says Write-in Votes Will be Counted if the Number of Write-ins Exceeds the Margin Between the First and Second-Place Finishers

Posted on by November 30, 2017
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According to this story, the Alabama Secretary of State published guidelines for write-in votes recently. The guidelines surprisingly say that if the total number of write-ins is greater than the margin between the candidates who place first and second, they will all be counted.

Alabama doesn’t have any procedure for write-in candidates to file to have their write-ins counted. In the past the counties have mostly counted all write-ins, but the state has not tallied them, so there is never an official statewide total for a write-in candidate running for an office that is statewide or which extends beyond one county.

November 2017 Ballot Access News Print Edition

Posted on by November 30, 2017
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Ballot Access News
November 1, 2017 – Volume 33, Number 6

This issue was printed on white paper.

Table of Contents

  1. NORTH CAROLINA BALLOT ACCESS BILL ENACTED
  2. CALIFORNIA MARCH PRIMARY BILL
  3. U.S. DISTRICT COURT UPHOLDS CALIFORNIA INDEPENDENT PRESIDENTIAL PETITION
  4. CALIFORNIA EASES BALLOT ACCESS FOR CONGRESS AND STATE OFFICE
  5. U.S. SUPREME COURT WON’T HEAR ARKANSAS BALLOT ACCESS APPEAL
  6. MAINE LEGISLATURE ACTS AGAINST RANKED CHOICE VOTING
  7. HIGH COURT MAY HEAR MINNESOTA POLITICAL CLOTHES CASE
  8. CALIFORNIA WON’T REQUIRE PRESIDENTIAL CANDIDATES TO REVEAL INCOME TAX
  9. ALASKA DEMOCRATS WIN LAWSUIT
  10. WHEN DID A MINOR PARTY LAST RUN A FULL SLATE FOR U.S. HOUSE?
  11. LAST TIME EACH STATE VOLUNTARILY IMPROVED BALLOT ACCESS FOR MINOR PARTIES OR INDEPENDENT CANDIDATES
  12. MAINE LEGISLATOR BECOMES INDEPENDENT
  13. LOUISIANA SPECIAL ELECTION FOR TREASURER
  14. ELECTION RETURNS BOOKS
  15. BERNIE SANDERS WILL RUN FOR RE-ELECTION IN 2018 AS INDEPENDENT
  16. GREEN PARTY HISTORY 2002-2004 AVAILABLE
  17. CALIFORNIA TOP-TWO INITIATIVE
  18. SUBSCRIBING TO BAN WITH PAYPAL

Partisan Control of Virginia House Determined by a Race in Which Ten Votes Separated the Winner from his Nearest Competitor

Posted on by November 30, 2017
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Virginia held a legislative election on November 7, 2017. It appears the new House of Delegates includes 51 Republicans and 49 Democrats. In the 94th district, the tally was: Republican David Yancey 11,601; Democrat Shelly Simonds 11,591; Libertarian Michael Bartley 675.

If Democrats had prevailed in the 94th district, the House of Delegates would have been organized on a bi-partisan sharing agreement. Unlike the State Senate, where the Lieutenant Governor (a Democrat) could break any tie, there is no easy mechanism for the House to avoid a tie. In similar cases in other states, the lower chamber ends up with an agreement for the two major parties to share power equally, sometimes with co-speakers. Thanks to Thomas Jones for this news.