The Other Republican U.S. House Candidate in New York Asks for Reconsideration in Pidot Ballot Access Case

On August 19, Jack Martins asked a U.S. District Court to alter its August 17 order in Pidot v New York State Board of Elections. There are two Republicans seeking the nomination for the 3rd district U.S. House seat. The primary for New York congressional races was in June, and one of the two candidates, Philip Pidot, had been left off the primary ballot because it was believed he didn’t have enough valid signatures. Pidot proved he did have enough valid signatures, but the state court refused to give him any relief.

He then filed in federal court, and he won an order that the state re-do the Republican primary with a ballot containing the names of both candidates. But now the other Republican candidate, Jack Martins, has asked the court to reconsider. Martins argues that if a special primary will be held on October 6, then the general election for that one seat should be moved to December 6. Alternatively, he argues that the judge should revoke the order for a new primary, which would leave him as the Republican nominee. His filing suggests that if he doesn’t prevail, he will appeal to the Second Circuit. See his filing here.

Minnesota Supreme Court Puts Candidate on Ballot, Ruling that “Provide” Doesn’t Necessarily Mean “Attach”

On August 17, the Minnesota Supreme Court released its opinion in Moulton v Simon, A16-0925. The issue was whether Daniel Moulton should be on the primary ballot as a candidate for Judge, Third Judicial District, seat 16. Election officials rejected his application because he did not “attach” a copy of his current attorney license. But the State Supreme Court said the law only requires that a candidate “provide” a copy of the license. Moulton had showed his license to the elections office when he filed, and the decision says that was good enough. A regulation said the license should be attached but the Court said the regulation can’t require more than the statute requires.

Although the opinion was released after the primary was over, the Court had earlier issued a one-sentence order putting him on the ballot, and only on August 17 explained why. Moulton did not win the non-partisan primary; he placed third in a three-candidate field.

Idaho Secretary of State Now Says Darrell Castle May be an Independent Presidential Candidate

Section 34-708A of the Idaho election law says an independent presidential candidate must not be “affiliated” with a political party. On August 11, the Idaho Secretary of State determined that this law does not prohibit Darrell Castle, Constitution Party presidential nominee, from qualifying as an independent presidential candidate in Idaho. On August 3, the Secretary of State had come to the opposite conclusion, but Castle persuaded the Secretary of State to reverse his ruling. Castle expects to submit his independent petition next week. The law requires 1,000 signatures, due August 24. See this newspaper story.

North Carolina Republican Party Executive Director Fights to Eliminate Early Voting on Sundays

Dallas Woodhouse, executive director of the North Carolina Republican Party, recently e-mailed Republican members of county election boards, and urged them to eliminate early voting on Sundays. The state recently lost a lawsuit over early voting in general. The Fourth Circuit opinion ordered the state to reinstate the generous early voting period, and the state is trying to persuade the U.S. Supreme Court to reverse that. But even if the U.S. Supreme Court declines to reverse the Fourth Circuit, county boards are still free to eliminate Sunday early voting if they wish.

However, data has shown that early voting on Sunday is disproportionately used by African American voters. Churches frequently organize car pools for early voting, following church service. The publicity about Woodhouse’s e-mail, trying to stop Sunday early voting, will harm the state’s chances of persuading the U.S. Supreme Court to reverse the Fourth Circuit. The Fourth Circuit had found that Republicans in the North Carolina legislature changed many voting laws in 2013 in order to injure African Americans, and the recent e-mail from Woodhouse only appears to bolster that conclusion. See this story. Thanks to Rick Hasen for the link. UPDATE: the U.S. Supreme Court case is North Carolina v North Carolina State Conference of the NAACP, 16A168. Chief Justice John Roberts has asked the NAACP to file a response by August 25 at 4 p.m.

Jill Stein Independent Presidential Petition in Nebraska Has Enough Valid Signatures

The Nebraska petition deadline for independent candidates is August 1. The only independent presidential petition submitted this year is for Jill Stein. The Secretary of State has determined that her petition is valid. She will be on the ballot as “independent”.

The qualified parties in Nebraska are Democratic, Libertarian, and Republican.