Ohio State Court Rules 17-Year-Olds Who Will be 18 by November 8, 2016, May vote in Presidential Primaries

On March 11, an Ohio state trial court ruled that 17-year-olds can vote for president in the March 15 Ohio presidential primaries, if they will be 18 by November 8, 2016. State ex rel Schwerdtfeger v Husted, 16cv-2346, Franklin County. Here is the 13-page opinion.

Ohio law says such voters can vote in primaries. But Secretary of State Jon Husted said that a presidential primary is not really a “primary” because it is an election for Delegates to a party’s national convention. But the decision says the presidential primary is not an election of delegates. The presidential primary only determines how many delegates each presidential candidate may send to the national convention. The actual choice of which delegates go to the national convention is made later at a party caucus.

The decision also relies on legislative intent. It says when the legislature in 1981 permitted 17-year-olds to vote in primaries if they would be age 18 by the general election, they wanted people of that age to get interested in participation. The decision says it would be odd if the most interesting part of the primary ballot (the presidential part) is off-limits. Finally, the decision relies on the fact that the primary ballot includes all office, not just president, and it doesn’t make sense that some voters would be given just “part” of a ballot, or told that they can vote on parts of it but not other parts.

The decision is a good precedent that just because the voting process has started, that is not reason by itself to limit voting rights. Thanks to Rick Hasen for the link.

Ninth Circuit Refuses to Enjoin Montana Open Republican Primary While Party’s Lawsuit is Pending

On March 3, the Ninth Circuit refused to issue an injunction, stopping the 2016 open primary for the Montana Republican Party. It would have been surprising if the Ninth Circuit had granted the injunction, because there is no method currently to know who the Republican Party members are. However, in theory, the legislature could be called into special session to enact either a top-two primary, a closed primary for parties that want one, or a law letting a qualified party nominate by convention for all partisan public office.

The party had filed its lawsuit in 2014, seeking a ruling that if it doesn’t wish to nominate its candidates for public office in an open primary, it should not be required to do that. The U.S. District Court had ruled that the party hadn’t submitted enough evidence to show that the open primary causes it harm. The party is asking the Ninth Circuit to reverse that finding, and the oral argument for that is set for May 4. But in the meantime, the party wanted the 2016 open primary halted. In the Ninth Circuit, the case is Ravalli County Republican Central Committee v McCulloch, 15-35967.

On March 11, the party asked the U.S. Supreme Court to stop the Republican primary. Here is that filing. Thanks to Rick Hasen for the link.

Fourth Circuit Will Hear Libertarian Lawsuit on Order of Candidates on Ballot on May 10

The Fourth Circuit will hear Sarvis v Alcorn, 15-1162, on Tuesday, May 10. The issue is that Virginia law that always puts the Democratic and Republican nominees on top on general election ballots. The U.S. District Court had upheld the law on the grounds that the government has an interest in strengthening the two largest parties against all competition. The plaintiff, Rob Sarvis, was the Libertarian Party nominee for U.S. Senate in 2014. The hearing is in Richmond.

Two Lawsuits Over Whether 17-Year Olds Who Will be 18 by November Can Vote in Presidential Primaries are Pending in Ohio

Lawsuits are pending in both federal court and state court over whether Ohio voters who are 17-years old, and who will be 18 by November 8, can vote in the presidential primary. This story describes the state court hearing held March 10. Decisions in both cases are expected soon. The Ohio primary is March 15.

Plunderbund, Ohio Politics Blog, Publicizes John Kasich’s Treatment of Ohio Libertarian Party with Kasich’s Own Ballot Access Woes in Pennsylvania

Plunderbund, an Ohio politics blog since 2005, has this story linking John Kasich’s elimination of his Libertarian opponent for Governor in 2014 to Kasich’s own petition troubles this month in Pennsylvania. Kasich’s campaign admits it didn’t submit enough valid signatures in Pennsylvania to be on the Republican presidential primary. Whether he appears on the Pennsylvania ballot depends on whether the challenge to his petition was submitted on time or not. A court ruling is expected soon. The challenger filed the challenge at 5:13 p.m. on the last day for challenges. The law does not say the challenge must be filed by 5 p.m. but Kasich argues that it implies 5 p.m.