New Mexico Secretary of State Dianna Duran Resigns

On October 22, New Mexico Secretary of State Dianna Duran resigned. See this story.

Secretary Duran has been hostile toward minor parties and independent candidates. In 2013 she removed the Green Party and the Constitution Party from the ballot, because each had run for President in 2012 and polled below one-half of 1%. But the law is ambiguous. Past Secretaries of State had interpreted the law to mean that a party stays on the ballot for two elections (after it submits a petition), not just one. A past Secretary of State had kept the Green Party on the ballot in 2005 even though it had polled less than one-half of 1% for President in 2004.

Roper Polls Show Majority of Voters Have Consistently Favored Inclusive Presidential Debates

This Huffington Post article displays past and current poll results over presidential debates. It shows that a majority has consistently favored inclusive debates, going back to 1980. There is also interesting results over public opinion on other issues with debates, such as whether moderators should be involved.

Ben Carson, George Pataki, and Jim Gilmore Decline to Appear at Florida Republican Fund-Raiser

According to this story, Ben Carson, George Pataki, and Jim Gilmore will not appear at the Florida Republican Party’s fundraising event being held November 13-14. Therefore, under party rules, they must either pay $25,000, or submit 125 signatures of registered Republicans from each U.S. House district in the state. The story does not say which alternative they will use. It is unlikely they would want to avoid being on the ballot, because Florida is the nation’s third most populous state. Carson lives in Florida.

The party expects to raise $600,000 from the event. Tickets are $200, or $300 if the attendee wants to attend the dinner on November 12 at which former Vice-President Dick Cheney will speak.

Utah Republican and Constitution Parties Lose Lawsuit Over Trademark of their Names

On October 22, U.S. District Court Judge David Nuffer ruled against the Republican and Constitution Parties over trademark issues. Utah Republican Party v Herbert, 2:14cv-876. The two parties had argued that the federal Lanham Act, which deals with trademark protection, should enable them to protect their party name from being used by candidates who don’t represent the party. But the decision says the Lanham Act can’t be used against the state, because the parties had earlier given consent for the state to print their party names on the ballot.

The larger issue in the case, over whether the parties enjoy freedom of association protection against the 2014 law that lets candidates run in their party primaries even if they have no support at party caucuses, is still alive. The judge issued another order, also on October 22, requiring the Utah Republican Party to hire another attorney, because the original attorney (who is permitted to remain in the case) has on several occasions failed to submit briefs by the deadline. The judge wants this case settled by the end of 2015. He wrote, “There is a potential that SB 54, or provisions of SB 54, could be found unconstitutional. If so, such a decision needs to be rendered before the next legislative session in Utah, otherwise there is a risk that elections held in 2016 will be interrupted, litigated, or invalidated.”