Seventh Circuit Allows Illinois Ballot Access Case to Proceed

On December 6, the Seventh Circuit issued a favorable procedural ruling in Gill v Scholz, the case over the 5% petition requirement for independent candidates, and the nominees of unqualified parties, for U.S. House. The state had tried to persuade the Seventh Circuit to terminate the case in the U.S. District Court, but the Seventh Circuit declined to do that.

The case now is before the U.S. District Court for a decision as to whether the 5% petition requirement, combined with the 90-day petitioning period, is too severe. It is fairly likely that the U.S. District Court Judge will grant declaratory relief, because on August 25, 2016, she had enjoined the law and said it is probably unconstitutional. Afterwards the Seventh Circuit had blocked the plaintiff-candidate, David Gill, from being put on the ballot, but said nothing about the merits of the issue.

California Presidential Elector Files Lawsuit to Void California Law that Tells Presidential Electors to Vote for the Nominee of their Party

On Friday, December 9, a California presidential elector, Vinz Keller, filed a federal lawsuit to overturn the California law that tells presidential electors to vote in the electoral college for the nominee of their party. Keller v Brown, n.d., 5:16cv-7069.

Keller is a Democrat and he does not assert that he is certain to vote for someone other than Hillary Clinton. He says he is undecided and wants the freedom to work with other presidential electors. Thanks to Politico for this news.

Here is his Complaint. The case has not yet been assigned to a particular judge.

Delaware Newspaper Story on Number of Presidential Write-ins in Delaware This Year

The Delaware State News, the daily newspaper for Dover, has this story about presidential write-ins in Delaware this year. The story reveals the number of write-ins cast for individuals who did not file a write-in declaration of candidacy. Very likely, a large share of those votes, perhaps a majority, were for Bernie Sanders, although the newspaper does not mention him.

Ray Writz, Constitution Party Nominee for U.S. Senate from Idaho, Polls Highest Share of the Vote for that Office for a Non-Major Party Nominee Since 1926

Last month, Ray J. Writz, Constitution Party nominee for U.S. Senate from Idaho, polled 41,677 votes. This was 6.14%, and is the highest percentage of the vote for a non-major party candidate for U.S. Senate from Idaho since 1926.

Writz had to win a contested Constitution Party primary to gain the party’s nomination. Here is his web page. The other candidates in the general election were Republican incumbent Mike Crapo, who polled 449,017 votes; and Democrat Jerry Sturgill, who polled 188,249.

The 1926 candidate who did better than Writz was the Progressive Party nominee, H. F. Samuels, who received 29.60%. Samuels placed behind Republican Frank Gooding but ahead of Democrat John Nugent. There was no national Progressive Party in 1926, but there were several states that had strong Progressive Parties that year.

Libertarian Party in Georgia Statewide Two-Party Race Polls 1,200,076 Votes and Carries Two Counties

Georgia held a partisan statewide election for Public Service Commissioner last month. Only two candidates were on the ballot, a Republican and a Libertarian. The Libertarian, Eric Hoskins, polled 1,200,076 votes, 33.42%. He carried Clayton County with 69.3% of the vote, and DeKalb County with 59.8% of the vote. Here is a link to the election returns for that office.

It is absurd that a party that polls that many votes is still not considered a qualified party for U.S. House, state legislative, and county partisan offices.