California Secretary of State Approves Letting Election Proceed Before Parties Have Chosen Presidential Elector Candidates

On August 26, the California Secretary of State released a Memorandum to county election officials on ballot format for the upcoming general election. The Republican Party and the American Independent Party have both nominated Donald Trump for President. As expected, the Secretary of State’s Memorandum says the ballot should say “Donald Trump, Republican, American Independent.” This is in accordance with the election code and with the ballot used in November 1940, which included “Wendell Willkie, Republican, Townsend.”

The surprise in the Memorandum is the conclusion that it doesn’t matter if the Republican Party and the American Independent Party have not agreed to a common slate of candidates for presidential elector. The Memorandum says, “How will Presidential and Vice Presidential Electors be Selected when more than one political party nominates the same candidate?” The answer is, “The Elections Code does not address the manner in which electors for President and Vice President of the United States are selected in situations where more than one party nominates the same candidate. We will address this issue if/when appropriate.”

Several weeks ago, the American Independent Party suggested to the Republican Party that the two parties jointly nominate the same slate of presidential electors. The AIP proposed that the Republican Party choose 50 elector candidates, and the AIP choose 5 elector candidates, and then both parties would jointly nominate that fusion slate. But the Republican Party has balked at this idea. This means that the Secretary of State feels comfortable going ahead with the election, without having learned who the presidential electors of these two parties are. The Secretary of State probably made this ruling, confident that it doesn’t matter who the presidential electors are for those two parties are, because the Democrats will carry California anyway. This seems a very reckless course of action. If the two parties do file slates of presidential electors that don’t match, and if Trump carried California, there would be no method to know which presidential elector candidates had been elected. Furthermore, Democrats could claim that their slate of electors theoretically won the election because the Trump vote included two competing slates of electors and no one could know which of the three slates got the most votes.

The memorandum also gives the county election officials authority to abbreviate party names, although apparently this is just a repeat of a similar ruling made in 2012. The abbreviations would be: DEM, REP, AI, GRN, LIB, PF, and “REP, AI.” Thanks to Mark Seidenberg for the link.

Two Influential Republicans Call for Later Presidential Primaries

The Washington Post has this op-ed by Tom C. Korologos and Richard V. Allen. They believe that the Republican Party, which they support, chose the wrong presidential nominee this year. They say that the party should change the process for future presidential elections. They want the Republican Party to create superdelegates; they want to make it more difficult for candidates to seek the Republican nomination; and they want later presidential primaries and caucuses. Thanks to Richard Pildes for the link.

Lawsuit Filed by Bernie Sanders Supporters Against Democratic Party Delayed by Dispute Over Whether Plaintiffs Properly Served Defendants

On June 23, 2016, supporters of Bernie Sanders sued the Democratic National Committee over a belief that the national party had not been neutral in the race for the Democratic presidential nomination. On August 23, a hearing was held in the case, Wilding v DNC Services, southern district of Florida, 0:16cv-61511. But the only issue was whether the plaintiffs had properly served the defendants.

During the two-hour hearing, Judge William Zloch permitted the plaintiffs to show a video film clip of the server serving someone in the party office. The party argues that the person who received the papers was not authorized to accept the papers. The day after the hearing, both sides submitted briefs on the service issue. Supporters of the lawsuit have a facebook page which has more detail.

Illinois State Board of Elections Removes the Only Libertarian for U.S. House who filed This Year

Although the Libertarian Party’s three statewide candidates are safely on the Illinois ballot this year, the only Libertarian who petitioned for U.S. House was removed from the ballot on August 26. He is Joseph Schreiner, running in the 16th district in north central Illinois. As a result, there is only one candidate on the ballot, incumbent Republican Adam Kinzinger.

Schreiner submitted a very small number of signatures, so the recent decision in David Gill’s case is of no help to him. But Schreiner would have remained on the ballot, except that two individuals named Chris Brown and Barry Welbers challenged his petition.