Utah Republican Party Renews Claim that Primary Ballot Access Law Violates Party’s Freedom of Association

Posted on by April 13, 2016
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On April 11, the U.S. District Court that is hearing Utah Republican Party v Herbert asked the Republican Party whether the party still contests the constitutionality of the Utah election code that governs how candidates may get on the Republican Party primary ballot. The federal court asked for a response by April 13.

On April 13, the Republican Party responded that it still believes that the election code, as recently interpreted by the Utah Supreme Court, violates the party’s right to control its own nomination process. Therefore, the federal court will again take up the question of whether the law is unconstitutional or not. The law says candidates seeking a Republican nomination can either show substantial support at a party caucus, or petition to get on the primary ballot. The party does not want anyone to be able to petition onto the primary ballot. Thanks to Rick Hasen for this news.

Arizona Libertarian Party Files Federal Lawsuit Against New Law Making it Difficult for Libertarians to get on Primary Ballots

Posted on by April 13, 2016
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On April 12, the Arizona Libertarian Party filed a federal lawsuit against the law passed last year that makes it difficult for members of small qualified parties to get themselves on their own party’s primary ballot. Arizona Libertarian Party v Reagan, 1:16cv-1019.

The old law required signatures for a member of any party to get on a primary ballot equal to one-half of 1% of that party’s registration (for statewide office), or 1% of that party’s registration for district and county office. The new law changes the denominator from the number of registered voters in that party, to the number of voters who are in that party or who are not members of any qualified party. The new law does not change the law for “new” parties, so the new law, for 2016 and 2018, has no impact on the Green Party, and very little effect on the major parties. But it vastly increases the primary petition burden for Libertarians. For 2016, a statewide Libertarian needs 3,023 signatures of registered Libertarians or registered independents, whereas under the old law, 134 signatures of registered Libertarians were needed. The case is assigned by Judge David T. Campbell, a Bush Jr. appointee.

Seventh Circuit Remands Case on Wisconsin’s Photo ID Law, Gives Hope to Opponents of Photo-ID Laws

Posted on by April 13, 2016
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On April 12, the Seventh Circuit issued this seven-page opinion in Frank v Walker, 15-3582. It says that even though the Seventh Circuit generally upheld Wisconsin’s law that requires voters at the polls to show a government photo-ID, that doesn’t mean that the law is valid for all voters. The Seventh Circuit remands the case to the U.S. District Court, and makes it plain that the U.S. District Court should give relief to voters who cannot produce such ID. Thanks to Rick Hasen for the news.

Federal Election Commission Stands by Its 2014 Audit Decision that Gary Johnson 2012 Campaign was Overpaid $332,191 in Primary Season Matching Funds

Posted on by April 13, 2016
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On May 31, 2014, the Federal Election Commission determined that it had overpaid Gary Johnson’s 2012 campaign $332,000 in primary season matching funds. See the 2014 document here.

On April 5, 2016, the FEC rejected the Johnson campaign’s argument that the 2014 decision was in error. See that conclusion here.

It is not uncommon for presidential candidates who receive primary season matching funds to later be found to have been overpaid. For example, in 1992, Lenora Fulani received $2,011,929.42 in primary season matching funds. In 1995 the FEC determined that she had been overpaid $612,557.32. Upon reconsideration, however, the FEC lowered the overpayment determination to $117,269.54.

Johnson received $632,017 in 2012 primary season matching funds. Thanks to Thomas Knapp for the link to the April 2016 document.