Wyoming Democrats Nominate Non-Resident for U.S. House

On August 19, Wyoming held primaries for the Democratic and Republican Parties. Richard Grayson, the only name on the Democratic primary ballot for U.S. House, was nominated with 14,207 votes. Only 190 write-ins were cast for that office in the Democratic primary. Here are the unofficial results.

Richard Grayson has residences in Arizona and New York. He was a Green Party nominee for U.S. House from Arizona in 2010, and he was an Americans Elect nominee for U.S. House from Arizona in 2012. Wyoming is in the Tenth Circuit. The Tenth Circuit ruled in 2000 that states cannot require candidates for Congress to live in that state on filing day, because the U.S. Constitution says that candidates for Congress need not be residents of the state they are seeking to represent until election day itself.

Court Send Libertarian and Republican Campaign Finance Cases to All the Judges of the U.S. Court of Appeals, D.C. Circuit

On August 19, U.S. District Court Judge Christopher Cooper, an Obama appointee, issued a procedural ruling in Rufer v Federal Election Commission, and Republican National Committee v FEC. He sent both cases to the entire panel of full-time judges in the U.S. Court of Appeals, D.C. Circuit.

The issue in the two cases, which are separate cases on the same subject, is whether it is constitutional to limit individual expenditures to political parties if the parties will be spending the money on independent expenditures. Individuals can now give as much money as they wish to other groups that make independent expenditures; only political parties are barred from receiving unlimited donations for the purpose of making independent expenditures.

The U.S. District Court had three choices: (1) to dismiss the cases on the grounds that they are not substantial cases; (2) to send both cases to a 3-judge U.S. District Court; (3) to send the cases to the entire panel of full-time judges in the U.S. Court of Appeals, D.C. Circuit. The reason for this is that the 1976 campaign finance law, controlling how much money individuals can donate to candidates, is written to say that constitutional challenges to it must go to all the judges of the D.C. Circuit. By contrast, the 2002 campaign finance law, the McCain-Feingold law, which limits donations to political parties, says challenges to that law must be sent to a 3-judge U.S. District Court. Judge Cooper had to sift through these alternate approaches to decide which one applies. He chose the former. The attorneys in the Republican Party case had not even suggested the alternative that Judge Cooper chose, but the attorneys in the Libertarian Party case had suggested it.

This will be the first time since 1975 that any minor party or independent candidate has had a case before all the judges of the D.C. Circuit. The Libertarian Party has another case, Libertarian National Committee v FEC, over bequests, and the party has been waiting since April to learn if the bequest case will also go to the full D.C. circuit. Thanks to Rick Hasen for the link.

Seven Candidates Likely to be on New York November Ballot for Governor

August 19 is the petition deadline for New York independent candidates, and the nominees of unqualified parties, for state office. Here is a link to the petitions filed for the November ballot. It seems likely that there will be seven candidates on the November ballot for Governor: Democratic incumbent Andrew Cuomo; Republican Rob Astorino Green Party nominee Howie Hawkins; Libertarian Michael McDermott; the nominee of the Sapient Party, Steven Cohn; Jimmy McMillan of the Rent is 2 Damn High Party; and Michael Carey of the Life & Justice Party..

The major party primaries are in September, so there is no absolute certainty that Cuomo will be the Democratic nominee. His Democratic opponent Zephyr Teachout has a strong campaign.

Here is the Sapient Party’s web page. The national chair is New Yorker Bobby Kumar Kalotee. In 2010 he was associated with a group that petitioned for New York statewide office as the Tea Party, but it did not get on the ballot. In 2008 he held himself out as the national chair of the Reform Party, and endorsed John McCain for president.

Here is a newspaper story
about the Life & Justice Party. The party wants to make abortion illegal and wants changes in how disabled persons are treated. This post has been re-written to include the McMillan and Carey candidacies, whose filings had not been posted on the New York State Board of Elections webpage when the original post was written.

Kansas Poll

On August 19, Public Policy Polls released a poll for many Kansas statewide races. The U.S. Senate results are: Republican incumbent Pat Roberts 32%; Democrat Chad Taylor 25%; independent Greg Orman 23%; Libertarian Randall Batson 3%; undecided 17%.

The gubernatorial results are: Democrat Paul Davis 39%; Republican incumbent Sam Brownback 37%; Libertarian Keen Umbehr 9%; undecided 15%.