The attorney for Hillary Clinton’s presidential campaign, Marc Elias, here indicates the Clinton campaign will participate in the Wisconsin recount. He says if Jill Stein proceeds in Michigan and Pennsylvania, the Clinton campaign will participate in those recounts as well. Thanks to Political Wire for the link.
The Nevada Green Party has decided not to pursue its Nevada ballot access lawsuit. The case had been filed August 16, 2016. The issue was the early June petition deadline for newly-qualifying parties. The party had failed to win injunctive relief, and thus Jill Stein did not appear on the Nevada ballot. Part of the reason the party did not win injunctive relief was that the case had been filed so late.
The case has been dismissed without prejudice, which means if anyone, including the Green Party, files a future case on the same issue, the matter is considered open and unsettled.
The Nevada petition deadline for independent presidential candidates is in July, so it seems there is no real state interest in requiring the party petition to be in June. New parties in Nevada nominate by convention, not primary.
Jill Stein has been featured in so many news stories for the last four days, one wonders if she isn’t getting more publicity now than during the presidential campaign. The Election Law Blog, which had little occasion to mention her before the election, has had several posts about her this week. Here is a Fox News story about her from November 25.
This interview with attorney John Bonifaz, a long-time electoral reformer, explains why recount supporters believe the recount is worthwhile. Also see this Alternet story about the status of the recount requests in each state.
Kansas will probably hold a special election soon for U.S. House, to replace Congressman Mike Pompeo, who will resign from Congress to become director of the Central Intelligence Agency. This Wichita Eagle story says that Kansas has no procedure for qualified minor parties to participate in special elections. It also says independent candidates must collect approximately 17,000 signatures in 25 days.
The story seems to be in error. Kansas requires exactly 5,000 signatures for independent candidates for U.S. House, not 17,000. Also Kansas in in the Tenth Circuit, and the Tenth Circuit said in 1984 in Blomquist v Thomsen that when the normal petitioning period is shorter than usual, states must lower the required number of signatures. According to the news story, independent candidate Miranda Allen (who ran in this month’s regular election for this seat) would like to run again, but she apparently doesn’t realize that case law protects her.
According to this story, Jill Stein has already raised enough money to pay for a recount of the Wisconsin presidential vote. The fund drive is continuing with thoughts of Michigan and Pennsylvania.