Virginia Legalized Substitution for Presidential Elector Candidates in 2013

Posted on by March 5, 2016
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In 2013, the Virginia legislature passed HB 1346, to assist independent presidential candidates, and the presidential nominees of unqualified parties. Virginia law for general election petitions for president requires that candidates for presidential elector be listed on the petition, and one must live in each U.S. House district.

The bill lets the presidential candidates substitute new presidential elector candidates, in case the original presidential elector candidates turn out to be unqualified, or unless they die. This is especially useful in years when the U.S. House district boundaries are still unsettled during the petitioning period. Before the law was passed, presidential candidates hesitated to petition in Virginia early in the election year, because they were afraid the boundaries of the House districts might change later, and if some of the original candidates for elector listed on the petition found themselves in different districts, the petition would be invalid. Thanks to Bob Bastress for this news.

Maine Secretary of State Declines to Furnish Copies of Rejected Libertarian Voter Registration Cards for Upcoming Court Hearing

Posted on by March 5, 2016
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As reported earlier, the Maine Libertarian Party is in court over whether it should be a qualified party. The law requires a group that wants to be a party to have at least 5,000 registered members by December 1 of the year before the election. The party submitted 6,700 voter registration forms showing the applicant had registered “Libertarian” by the deadline, but election officials said only 4,513 are valid. For the lawsuit, the party’s attorney asked the Secretary of State for copies of all voter registration cards that were rejected. On March 4, the attorney for the Secretary of State refused to furnish those copies, and said the party will just need to get them from the various town clerks. The party believes that the Secretary of State is capable of obtaining these copies, and has asked the Secretary of State to reconsider. The judge may need to settle this.

New Mexico Town Councilmember Will Run for Legislature as an Independent

Posted on by March 4, 2016
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Guadalupe Cano, one of the four town councilmembers of Silver City, New Mexico, will run for the State House of Representatives this year as an independent candidate. No independent has ever been elected to the New Mexico legislature. New Mexico didn’t even permit independent candidates until 1977.

The last time a member of any party, other than the Democratic and Republican Parties, was elected to the New Mexico legislature was 1914, when one Socialist and one Progressive were elected. However, New Mexico eliminated the straight-ticket device in 2011, so that will help Cano.

North Carolina State Court Invalidates New Law Providing for Retention Elections for State Supreme Court Justices

Posted on by March 4, 2016
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On March 4, a North Carolina state trial court invalidated the new law setting up retention elections for State Supreme Court Justices. The case is Faires v State Board of Elections, Wake County Superior Court, 15cvs-15903. Here is the short opinion. The state will likely appeal to the State Supreme Court. Thanks to Rick Hasen for the link. Today’s opinion was not surprising, because the judges had said last week that they were going to rule this way. The State Constitution mandates elections for Supreme Court, and the Faires court said a retention election is not a real election.