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Lawsuit Filed Against Discriminatory Maine Contribution Limits

Posted on July 8, 2014 by Richard WingerJuly 8, 2014

On July 7, four voters who wish to contribute more than $1,500 to an independent candidate for Governor filed a federal lawsuit, challenging the Maine campaign finance law that lets individuals give $3,000 to a candidate who runs in both a partisan primary and a general election, but only $1,500 to a petitioning candidate. See this story. The case is Woodhouse v Maine Commission on Governmental Ethics and Election Practices, 1:14-266. Thanks to Thomas MacMillan for the link. This case is very similar to one filed recently by the Constitution Party in Wyoming.

Albuquerque Journal Mentions New Ballot Access Lawsuit

Posted on July 8, 2014 by Richard WingerJuly 8, 2014

The Albuquerque Journal has this mention of the lawsuit Parker v Duran, which challenges the need for independent candidates to submit a petition of 3% of the last gubernatorial vote, when the nominees of minor parties need 1%, and members of major parties need an even smaller number of signatures to get on a primary ballot. The lawsuit was filed July 3.

New Mexico is tied with Montana and Alabama for having the nation’s highest percentage of signatures needed for independent candidates for non-presidential statewide office. New Mexico and Alabama are at 3% of the last gubernatorial vote, and Montana is at 5% of the winning candidate’s vote, which is approximately the same.

UPDATE: here is a more comprehensive story from the Associated Press.

First Independent Candidate on Alabama Ballot for Congress Since 2006

Posted on July 7, 2014 by Richard WingerJuly 7, 2014

Independent candidate Mark Bray, running for the U.S. House in Alabama’s 5th district, has qualified for the November ballot. See this story. He is the first independent candidate for Congress to appear on the Alabama ballot since 2006. The 5th district is the northern-most part of Alabama. If Bray had not qualified, the incumbent member of Congress would have been unopposed.

Hawaii Democratic Party Files Final Brief in Open Primary Case

Posted on July 7, 2014 by Richard WingerJuly 7, 2014

On July 3, the Hawaii Democratic Party filed this reply brief in Democratic Party of Hawaii v Nago, in the Ninth Circuit. The issue originally was whether the party has a right to close its primary to just members. On appeal, the issue is whether the Hawaii law, telling all qualified parties that they must have open primaries, is unconstitutional on its face, or just as applied to parties that don’t want an open primary. The reply brief deals with that issue.

Unlike most legal briefs, it has relatively little reference to precedents, and instead depends on logic, and examples, to make its points. The brief has a very interesting analogy to a hypothetical law establishing one particular religion as a state religion. Even if you don’t normally read briefs, consider reading this one.

Washington Post Article on Libertarian U.S. Senate Candidates Draws Attention

Posted on July 7, 2014 by Richard WingerJuly 7, 2014

The Washington Post has this story about Libertarian candidates for the U.S. Senate, with special emphasis on the North Carolina race and Sean Haugh, the party’s nominee. The story is drawing widespread attention. Both PoliticalWire and the Election Law Journal have linked to it.

Traditionally, the two most influential newspapers in the U.S., the New York Times and the Washington Post, have paid very little attention to the Libertarian Party during the party’s 43 years of existence. However, beginning with the Robert Sarvis campaign for Governor of Virginia in 2013, the Post has been covering the Libertarian Party more than in the past. The New York Times, however, has not.