New York Bill for a June Primary Moves Independent Candidate Petition Deadline from August 23 to June 7

Posted on by January 29, 2016
5

New York Assemblymember Michael Cusick (D-Staten Island) has introduced AB 9108. It moves the primary for state and local office from September to June, to match the date of the congressional primary. Unfortunately it would also move the deadline for independent candidate petitions from August 23 to June 7. This would give New York the nation’s second earliest deadline for independent presidential candidate petitions.

Courts have invalidated June petition deadlines for independent candidates in Alaska, Arizona, Kansas, Nevada, and South Dakota. The New York bill will be heard in the Assembly Elections Committee during the week of February 1-5. The provision in the bill moving the deadline two and one-half months earlier is entirely unnecessary for the bill’s general purpose of merging the state and congressional primaries. It is important that New York activists oppose the change to the independent candidate petition deadline, and publicize this part of the bill.

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

Posted on by January 28, 2016
Reply

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

Posted on by January 28, 2016
1

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

Posted on by January 28, 2016
1

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.