On October 14, all six candidates who are on the Colorado ballot for Governor participated in a joint forum. They candidates are the nominees of the Democratic, Republican, Green and Libertarian Parties, and two independents, Mike Dunafon and Paul Fiorino. See this story.
On October 16, all three ballot-listed candidates for Governor of Connecticut will debate. See this story. The debate will include the Democratic and Republican Party nominees, and the independent candidate, Joe Visconti. Thanks to Dominick Kot for the link.
On October 14, U.S. District Court Judge William O. Bertelsman, a Carter appointee, struck down Kentucky’s law that forbids any election signs or electioneering within 300 feet of the entrance to a polling place. Russell v Grimes, eastern district, 14cv-112. Here is the eleven page decision.
The U.S. Supreme Court ruled in 1992 that such zones are constitutional if they are 100 feet or less from the entrance to a polling place. Kentucky formerly had a 500 foot zone, but that was declared unconstitutional in 2004, so the legislature had amended it to 300 feet. But the opinion says that is still too restrictive. The Opinion says, “It can cover areas, including private yards, not even visible from the polling place. It prohibits activities in private homes.” Thanks to Justin Levitt for the link.
On October 14, U.S. District Court Judge James I. Cohn denied injunctive relief in Adrian Wyllie’s lawsuit seeking an invitation into the Florida gubernatorial debate. Wyllie for Governor Campaign v Leadership Florida Statewide Community Foundation, sou. dist., 0:14cv-62322. The basis for the lawsuit was Wyllie’s contention that the debate sponsors had originally required a 12% showing in the polls, and when Wyllie met that standard, the requirement was increased to 15%. Wyllie is the Libertarian nominee for Governor of Florida. The debate is set for October 15.
The six-page order says that the debate organizers never promised to admit candidates if they hit 12% in the polls, and that the reference to 12% in their offer was to a different event. Wyllie had sought a hearing, but the judge ruled based on the written briefs.
On October 14, the Fifth Circuit reversed a U.S. District Court in Texas and reinstated the Texas requirement that voters at the polls show certain types of government photo-ID in order to vote. Here is the order.
The decision is written by Judge Edith Brown Clement, a George W. Bush appointee, and signed by Judges Catharine Haynes, another George W. Bush nominee, and Gregg Costa, an Obama appointee. The rationale is that it is too close to the election to change anything. The order quotes from Williams v Rhodes, the 1968 U.S. Supreme Court opinion that put the American Independent Party on the Ohio ballot, as saying how difficult it is to re-print ballots as late as October 15. But it does not mention the U.S. Supreme Court order in Norman v Reed, putting the Harold Washington Party on the Cook County, Illinois ballot, only twelve days before the November 1990 election. In that case, the Court required Cook County to re-print 3,000,000 ballots.
It is somewhat likely that the voting rights groups who brought the Texas case will ask the U.S. Supreme Court to reverse the Fifth Circuit. Thanks to Justin Levitt for the link.
