U.S. District Court Enjoins West Virginia Law Requiring Independent and Nominees of Unqualified Parties to File a Declaration of Candidacy in January

Posted on by September 22, 2016
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On September 22, U.S. District Court Judge Robert Chambers, a Clinton appointee, enjoined the West Virginia law that requires independent candidates, and the nominees of unqualified parties, to file a declaration of candidacy in January. Daly v Tennant, s.d. 3:16cv-8981. The plaintiffs are Darrell Castle, Constitution Party presidential nominee, and Naomi Spencer Daly, Socialist Equality Party nominee for West Virginia legislature.

The judge said his preliminary injunction covers not only the two plaintiffs, but all the petitioning candidates who were removed from the ballot this year because they did not comply with the January filing deadline. This also puts the other Constitution Party nominees on the ballot. The party has candidates for Governor and county office, as well as its presidential ticket. UPDATE: here is a news story about the decision, which quotes the Secretary of State as saying she approves of this outcome.

Federal Law Allows Commission on Presidential Debates to Determine Eligibility to Government Benefits

Posted on by September 22, 2016
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The Commission on Presidential Debates often argues that it is not an arm of government and therefore has a right to set its own standards on who can be admitted to the general election presidential debates. However, federal law mentions the Commission on Presidential Debates and says that the CPD’s decision on whom to invite will help determine federal government policy toward particular presidential candidates.

The federal law is 3 USC 102, and includes a 2010 amendment titled the “Pre-Election Presidential Transition Act of 2010”, P.L. 111-283; 124 Stat. 3046. The federal law now reads “the Administrator shall ensure that any candidate determined to be an eligible candidate…has demonstrated a significant level of public support in national public opinion polls…and consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such office.”

The September 16 letter from the General Services Agency to Gary Johnson, denying a national security briefing to Johnson and his national security advisors, specifically says one reason he cannot have such a briefing is that the Commission on Presidential Debates has not admitted him.

Due to an Unexpected Death of an Incumbent Official, Maine Parties May Nominate a Candidate for One Particular Post as Late as September 30

Posted on by September 22, 2016
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The Maine Secretary of State has determined that any qualified party will be permitted to choose a nominee for Kennebec County Judge of Probate by September 30. Normally a state would insist that it is too late for any candidates’ names to be added to the November 8 ballot, because federal law requires all states to mail their overseas absentee ballots by September 24. But in this case, the incumbent Democratic office-holder died, so a new officer will be elected on November 8. See this story. Thanks to Thomas MacMillan for the link.