California Will Print Three Candidates on November 2016 Ballot for One Legislative Race, Despite Existence of Top-Two System

California law generally says that only two candidates may be on the November ballot for congress or partisan state office. That has been the law starting in 2011. But, for the first time since the top-two law went into effect, there will be three candidates on the November ballot for one legislative race. That race is for the Assembly, 62nd district, in Los Angeles County. There is a tie between two write-in candidates in the June 7 primary. Only one name was printed on the primary ballot, incumbent Democrat Autumn Burke. Two candidates filed to have their write-ins counted in June, and they both got 32 write-ins. One is a Republican and one is a Libertarian.

Election Code section 8142(b)(3) covers this situation, and says a tie for second place means that three candidates qualify for November. Thanks to Ted Brown for this news.

Independent Candidate for Mayor of Philadelphia in 2015 Sues Debate Sponsors Over His Exclusion

On June 30, James Foster, an independent candidate for Mayor of Philadelphia last November, filed a federal lawsuit against the sponsors of the three mayoral general election debates. The sponsors excluded him from all debates. The case is Foster v The Committee of 70, e.d., 2:16cv-3598.

It is somewhat unusual for an excluded candidate to sue debate sponsors months after the election was over. The law on debates is that there must be objective criteria for debate sponsors to use, when deciding whom to invite. See this story, which has a copy of Foster’s Complaint.

Republican Congressional Candidate Wins a Chance to Argue for a New Primary in his Race

Philip Pidot is a Republican seeking his party’s nomination for U.S. House, New York 3rd district. New York held its congressional primary on June 28, but Pidot was not on the ballot. Because only one Republican was on the ballot, and no one had filed as a write-in, the primary in that district for the Republicans was not actually held.

But Pidot had petitioned to be on the primary ballot, and he finally won a court battle in state court, determining that he had enough valid signatures. The state courts had said he had enough valid signatures but that it was too late for him to get on the primary ballot, so he had then filed a lawsuit in federal court to get a new primary date, just for the Republican Party in the 3rd district. On June 29, U.S. District Court Judge Joseph Bianco refused to dismiss Pidot’s case, and set a new hearing for July 11, in the federal courthouse in Islip, at 1:30 p.m., courtroom 1020. See this story.