Libertarian Party Files Second Lawsuit on Whether McCain-Feingold Law Can Prevent Party from Receiving Large Bequests in one Lump Sum

In 2007, Raymond Burrington died and left the Libertarian Party $217,000. The Federal Election Commission would not let the party have the money all at once. Instead, because the McCain-Feingold law limits the amount of money an individual can give to a party (whether the donor is alive or dead), the money had to be parceled out in chunks of about $30,000. The Libertarian Party sued the FEC to get a ruling that this part of the McCain-Feingold law, as applied to bequests, is unconstitutional. But the court proceedings took so long, by the time the case was ready for a decision, seven long years after the death of the donor, the money had been given to the party.

On January 25, 2016, the party filed a similar lawsuit, over a new bequest. Joseph Shaber of Arizona died on August 23, 2014, and left the party $235,575. The new lawsuit is Libertarian National Committee v FEC, 1:16-121. It is assigned to Judge Beryl Howell, an Obama appointee. The FEC will only let the party have $33,400 per year, but the party wants the money now, instead of waiting for seven years. This case won’t take as long as the last one, because the first case established some procedural rules for how cases like this are handled.

Constitution Party Wins Missouri Ballot Access Case After County Admits Law is Unconstitutional

On January 27, the Constitution Party won its ballot access case, after the government of St. Louis County admitted that its ballot access law for county council is unconstitutional. The county law says only the two largest parties (as measured by the last gubernatorial vote) may run nominees for that office, which is a partisan office. The judge had already enjoined the law last year, so this is not surprising. The case is Constitution Party of Missouri v St. Louis County, e.d., 4:15cv-207. The county government must now pay $30,973 in attorneys fees to the attorney for the party. Thanks to Ken Bush for this news.

Adam Dodek, Canadian Law Professor, Shows that in Canada, Any Citizen Can Become Prime Minister Regardless of Birthplace

Adam Dodek, a law professor at the University of Ottawa and an expert on the Canadian constitution, has this article showing that any citizen of Canada is eligible to become Prime Minister, regardless of his or her birthplace. Thanks to HowAppealing for the link. Canada has had four prime ministers who were not born in Canada. All four of them were born in Great Britain.

Louisiana Supreme Court Invalidates State Constitutional Provision Barring Ex-Felons from Running for Office for 15 Years

On January 28, the Louisiana Supreme Court invalidated a portion of the State Constitution that bans ex-felons from running for state or local office for 15 years after the end of their sentence. The ruling is based on a technicality: the version that passed the legislature was not the same as the version that the voters then passed. See this story.