Peoria, Arizona, spent thousands of dollars to re-send absentee ballots in this month’s city council race, because the original ballots accidentally omitted Ken Krieger’s name. He is one of three candidates for city council in his district. But, unfortunately, the replacement ballots also omitted his name. See this story.
Pennsylvania has decided not to ask the Third Circuit to re-hear Constitution Party v Aichele, 13-1952. This is the decision that said minor parties do have standing to argue that the challenge-court costs system violates the U.S. Constitution. On July 23, the state had told the Third Circuit that it might file for re-hearing and it wanted a time extension until August 6. The extension was granted, but then the state didn’t use it.
Meanwhile, in the other Pennsylvania minor party ballot access case, Green Party v Aichele, a trial date will be set on August 13. This is the case that challenges these laws: (1) each petition sheet must keep residents of different counties separate; (2) no one can sign except registered voters; (3) notarization of each sheet; (4) the ban on out-of-state circulators. The judge in this case has already enjoined the ban on out-of-state circulators, but so far has refused to enjoin the other problems. The trial is needed to determine the constitutionality of each of these restrictions.
On August 6, U.S. Senator Pat Roberts (R-Kansas) criticized Greg Orman, the well-funded independent candidate who is running against Roberts. See this story. Most of the time, major party nominees for Governor or U.S. Senator won’t even mention their independent and minor party opponents.
On August 4, U.S. District Court Judge James M. Moody, Jr. denied the motion from Arkansas government attorneys to dismiss the case Moore v Martin, eastern district, 4:14cv-65. The issue is the March 3 petition deadline for non-presidential independent candidates. That deadline had been in May, until 2013, when the legislature moved it to March.
The state tried to get the case dismissed on the grounds that the plaintiffs have not shown the deadline injured them.
On August 4, attorneys for Wyoming told a U.S. District Court that they will not try to defend a state campaign finance law that discriminates against minor party and independent candidates. The law lets individuals give campaign contributions to a candidate running in a primary early in the election year. But an individual can’t give a campaign contribution to a candidate nominated by convention, or by petition, until August 19 of the election year. The case is Wills v Maxfield, 14-cv-126.
In Wyoming, generally only the Democratic and Republican Parties nominate by primary, and other qualified parties nominate by convention. The case had been brought by the Constitution Party’s nominee for Secretary of State, Jennifer Young, and by an individual who wanted to donate to her campaign immediately.
The law has now been enjoined, and the public interest organization which represented the plaintiffs in court has been awarded $7,424 in attorneys fees. This is the second constitutional election law victory for the Constitution Party in the last thirty days; the earlier one was the Pennsylvania Third Circuit opinion of July 9.
The Constitution Party has other constitutional election law challenges pending in Alabama, Georgia, South Dakota, and Tennessee.
