Ohio Secretary of State Sued by Initiative Proponents

On January 14, 2016, proponents of an Ohio initiative sued Ohio Secretary of State Jon Husted over his actions involving the validity of the initiative. Ohio law says that if proponents of an initiative submit a petition signed by 3% of the last gubernatorial vote, the idea for the initiative must be sent to the legislature. The legislature has four months to either enact some version of the idea, or reject it entirely. Then, if the proponents are unhappy with the legislature’s action, they must submit another 3% petition. Then, the issue is put on the ballot.

Proponents of an initiative to lower certain drug costs submitted 171,205 signatures on December 22, 2015. They needed 91,677 valid signatures. The petition was sent to the counties, and they reported that 119,031 signatures were valid.

Then, the Secretary of State asked the counties to check again. The proponents of the lawsuit say that the Secretary of State only asked the counties to re-check the petition after attorneys for drug companies asked him. Proponents of the initiative say nothing in Ohio law permits the Secretary of State to ask the counties to re-do their work, after they have done it the first time. The proponents also point out that the re-checking process will delay the legislative timeline, making it impossible for them to get their initiative on the ballot in time for the November 2016 election. The case is Jones v Husted, s.d., 2:16cv-38. It is assigned to U.S. District Court Judge Michael Watson.

Law Professor Derek Muller Article on Presidential Qualifications Disputes and Ballot Access

Law Professor Derek Muller has this article about qualifications to be president and how challenges to ballot access based on failure to meet qualifications could ever arise. Thanks to Rick Hasen for the link.

UPDATE: here is a very thorough and clear essay in The Atlantic by Law Professor Bryan A. Garner. Thanks to HowAppealing for that link.

Election Returns Book for 2014 Election is Published

The reference book America Votes 2013-2014 is now published. It is also known as America Votes 31. Ever since 1956, every two years, another version is published. America Votes is the single best book of election returns to be published. Although the federal government also publishes election return books, they don’t include election returns for any state office. Also they don’t have nearly as much detail as America Votes does. America Votes has maps and all the statewide election returns are by county, not just state totals. The author of America Votes 31, as usual, is Rhodes Cook.

The Federal Elections Commission’s book of election returns for 2014 still isn’t published. When it is published, it will be titled Federal Elections 2014.

U.S. Supreme Court Refuses to Get Involved in Ohio Libertarian Ballot Access Case

On January 14, the U.S. Supreme Court refused to intervene in the Ohio Libertarian Party’s ballot access case. The part of the case put in front of the U.S. Supreme Court concerned whether the 2013 ballot access law violates the Ohio Constitution. The U.S. District Court is still considering the part of the case on whether the 2014 removal of the party’s gubernatorial nominee from the Libertarian primary ballot was unlawful.

United Independent Party is Halfway Toward Having Enough Registered Voters to Remain on Massachusetts Ballot After November 2016

The United Independent Party has been ballot-qualified in Massachusetts since November 2014. However, it will go off the ballot in November 2016, unless it either runs a presidential candidate who gets 3%, or unless the party has registration equal to 1% of the state total.

The registration alternative has been part of the Massachusetts law since 1990. So far no party has used it. It requires approximately 40,000 registered members. But the United Independent Party now has 20,941 registered members and hopes to be at 40,000 by November 2016. The party does not expect to have a presidential nominee, although that could always change.

In the meantime the party has kindly e-mailed its registered members and suggested that they may wish to temporarily leave the party, so as to be able to vote in one of the presidential primaries in March. The e-mail explains how to leave the party and how to re-enroll in it.