Ohio Independent Candidate Sues Over Ballot Access Rules for Independent Judicial Candidates

Posted on by August 28, 2016
Reply

Ohio has a strange hybrid system for electing state judges. Parties nominate candidates, but there are no party labels on the general election ballot. Ohio also has laws preventing candidates for state court judge to campaign as party nominees.

On June 30, 2016, independent candidate Gerald Phillips filed a lawsuit, alleging that as to judicial elections, Ohio cannot discriminate in matter of how many signatures are needed to get on the ballot. Candidates for local state judge need 50 signatures to get on a partisan primary (or 25 signatures if the party is small). But independent candidates need 1% of the last gubernatorial vote. Phillips wants to run for Lorain County Common Pleas Judge. He submitted 151 sighnatures, and 138 were valid. But the 1% requirement eqals 778 signatures.

Election officials barred him from the general election ballot, not only because he didn’t submit 778 signatures, but because he voted in the March 2016 Republican primary. Hie lawsuit is Phillips v Lorain County Board of Elections, n.d., 1:16cv-1689. It is before Judge Solomon Oliver, a Clinton appointee.

Maryland Agrees that February Deadline for Declaration of Candidacy for Independent Candidates is Unconstitutional

Posted on by August 28, 2016
1

On August 15, 2016, the Maryland State Board of Elections agreed not to enforce a 2015 law that requires independent candidates for all office (in presidential election years) to file a declaration of candidacy by February 3 of the election year. The state agreed not to enforce the law after an independent candidate for Baltimore city council, Dan Sparaco, filed a lawsuit against the law. The case is Sparaco v Lamone, 1:16cv-1579.

The constitutionality of the 2015 requirement was first questioned by Lynn Kahn, an independent presidential candidate. She had not known of the requirement that she file a declaration of candidacy in February. When she did file the form, some months later, she was told she was late. She asked the Board to consider the constitutional question, and after a few weeks, the Board notified her it would not enforce the law, at least as to independent presidential candidates. And, with the settlement of the Sparaco lawsuit, the Board has said it won’t enforce it for independent candidates for any office, and is expected to ask the 2017 legislature to repeal it.

Independent Presidential Candidate Souraya Faas Sues Texas over Ballot Access

Posted on by August 28, 2016
Reply

On May 10, 2016, independent presidential candidate Souraya Faas filed a lawsuit in U.S. District Court in Texas against the independent presidential candidate procedures. Faas lives in Florida and had filed with the FEC as an independent presidential candidate in 2015. The lawsuit is Faas v Cascos, southern district, Houston, 4:16cv-1299. When she filed, she was represented by an attorney. However, he withdrew from the case in July. U.S. District Court Judge Sim Lake issued an order on August 17, 2016, saying that he will dismiss the case for non-prosecution if nothing is filed by August 29. Faas has retained a new attorney who expects to re-active the case by that deadline.

Here is information about the Faas candidacy. Faas will attain age 35 on December 19, 2016, and she was born in New York city, so she does meet the constitutional qualifications to be president.

Texas Presidential Write-in Filing Deadline Passes

Posted on by August 28, 2016
9

August 22 is the Texas deadline for candidates to file a declaration of write-in candidacy. North Carolina and Texas are the only states with write-in deadlines in August. Five presidential candidates who are on the ballot in some other states filed to have their write-in counted in Texas. They are Tom Hoefling (America’s Party); Laurance Kotlikoff (independent); Michael Maturen (American Solidarity); Monica Moorehead (Workers World); and Emidio Soltysik (Socialist).

Also, six individuals who are not on the ballot for president anywhere filed: Scott Cubbler, Cherunda Fox, Jonathan Lee, Robert Morrow, Dale Steffes, and Tony Valdivia.

Evan McMullin attempted to file, but his filing was rejected because it did not include the names of any presidential elector candidates. Thanks to Jim Riley for this news.