Arkansas Independent Candidate Files Reply Brief in 8th Circuit, in Lawsuit Challenging March 1 Petition Deadline

On March 8, Mark Moore filed this reply brief in Moore v Martin, 15-3558. The issue is the Arkansas March 1 petition deadline for non-presidential independent candidates that was in effect in 2014 (when this case was filed) and which will be in effect in 2018, unless this lawsuit wins.

Moore was an independent candidate for Lieutenant Governor in 2014. For 2016, the non-presidential independent candidate deadline was even earlier in Arkansas; it was in November of the year before the election. This lawsuit does not relate to that 2016 deadline.

Oregon Secretary of State Announces Names on Presidential Primary Ballots

The Oregon Secretary of State has placed six Republicans and two Democrats on presidential primary ballots. She still hasn’t decided whether any names will be printed on the Independent Party’s presidential primary ballot. If no names are printed on the Independent Party presidential primary ballot, write-ins will be tallied.

The Republican ballot will list Jeb Bush, Ben Carson, Ted Cruz, John Kasich, Marco Rubio, and Donald Trump. The Democratic ballot will list Hillary Clinton and Bernie Sanders. Here is a link to the Secretary of State’s web page, listing candidates for presidential primary ballots.

The law says candidates are put on the ballot automatically if they are discussed in the news media. The Independent Party submitted a list of candidates to the Secretary of State for inclusion on the Independent Party ballot. The Attorney General will decide whether to include any names. Generally, press coverage of the presidential candidates whom the Independent Party listed don’t say that any of those candidates is seeking the nomination of the Independent Party. The primary is May 17.

Independent Voters Network Carries My Article, Asking for a Deeper Discussion of Why Some Voters Say They are Conscientiously Opposed to Participating in a Political Party

The Independent Voters Network has kindly published an article I wrote recently. My article asks for a deeper discussion of why voters who are conscientiously opposed to joining a political party have those convictions. Read it here.

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.