American Solidarity Party Joins the California Lawsuit Against Top-Two

On February 21, the plaintiffs in the federal lawsuit against the California top-two system filed an amended Complaint. See it here. Peace & Freedom Party v Weber, n.d., 3:24cv-08308.

The American Solidarity Party has joined the case. It has run for partisan offices in California, such as Governor, U.S. Senator, Secretary of State, and U.S. House. But because it is not a qualified party, when its members run in the primary, the ballot label is “Party preference: none” even though they are registered members of the American Solidarity Party. Therefore, the case now has a new issue, the ballot label issue.

West Virginia Bill to Require Independent Candidates to File a Declaration of Candidacy in January

Seven West Virginia Republican Delegates have introduced HB 2608. It requires independent candidates to file a declaration of candidacy by the second Monday in January of an election year. The sponsors are Rick Hillenbrand, Bill Ridenour, Charles Sheedy, Eric Brooks, Joe Funkhouser, Lisa White, and Margitta Mozzoocchi.

A similar West Virginia law was struck down in 2016 in Daly v Tennant, 216 F Supp 3d 699 (s.d.). The state did not appeal. Also, the Fourth Circuit struck down a similar South Carolina in 1990, in Cromer v State, 917 F 2d 810, and West Virginia is in the Fourth Circuit. Thanks to Jeff Becker for news about the bill.

Fort Collins, Colorado City Council Votes to Ban Write-in Candidates for City Office

On February 19, the city council of Fort Collins, Colorado, voted to ban write-in candidates in city elections.

In 1912, the Colorado Supreme Court ruled that all ballots must allow write-ins. Littlejohn v People ex rel Desch, 121 P.159, held unconstitutional a Colorado law that banned write-ins in school director elections. The court said, “Every qualified elector shall have an equal right to cast a ballot for the person of his own selection, and that no act shall be done by any power, civil or military, to prevent it. Such is the mandate and spirit of the Constitution (meaning state constitution), and it thereby vests in the elector a constitutional right of which he cannot lawfully be deprived by any governmental power.”