On August 19, Public Policy Polls released a poll for many Kansas statewide races. The U.S. Senate results are: Republican incumbent Pat Roberts 32%; Democrat Chad Taylor 25%; independent Greg Orman 23%; Libertarian Randall Batson 3%; undecided 17%.
The gubernatorial results are: Democrat Paul Davis 39%; Republican incumbent Sam Brownback 37%; Libertarian Keen Umbehr 9%; undecided 15%.
August 19 is the deadline for Alaska independent candidates, and the nominees of unqualified parties, to submit petitions. The Constitution Party is submitting approximately 4,400 for Governor and 4,300 for Lieutenant Governor. The requirement is 2,975. Assuming these petitions succeed, the Constitution Party will be on the statewide ballot for the first time in Alaska since 2000, when it petitioned for President.
In 2004 and 2008 the Constitution Party didn’t need to petition for President, because the Alaskan Independence Party, which has been ballot-qualified since 1983, nominated the Constitution Party’s presidential ticket. The Alaskan Independence Party did not do that for the Constitution Party in 2012, however.
The Constitution Party’s gubernatorial nominee is J. R. Myers. If he polls as much as 3%, the Constitution Party will be ballot-qualified for the first time.
Since 1951, Philadelphia has had a charter provision that says, “No officer of member of the Philadelphia Police or of the Fire Department shall pay or give any money or valuable thing or make any subscription or contribution, whether voluntary or involuntary, for any political purpose whatever.”
In 2003, the part of this provision relating to firemen was struck down. On August 19, the Third Circuit also struck down the part that relates to police, at least as applied to the ability of police to contribute to their own union’s Political Action Committee. Here is the 57-page decision in Lodge Number 5 of the Fraternal Order of Police v City of Philadelphia, 13-1516. The decision acknowledges the corruption present in Philadelphia in 1951, when there were no civil service protections for city employees, and in some years 94% of all city employees made political contributions to the Republican Party, which had a machine in Philadelphia similar to similar Democratic machines in other big cities back then. The decision is by Judge Thomas Hardiman, a Bush Jr. appointee, and signed by Judges Anthony Scirica and Richard Nygaard, both Reagan appointees. Thanks to HowAppealing for the link.
On August 14, an unqualified party in New Jersey, the D-R Party, filed a lawsuit in state court in Trenton called D-R Political Organization v Guadagno. The lawsuit argues that the Secretary of State and county election officials are unlawfully ignoring New Jersey election law 19:5-1, which says, “No political party which fails to poll 10% of the votes cast in the State for members of the General Assembly at the next preceding general election, held for the election of all the members of the General Assembly, shall be entitled to have a party column on the official ballot at the general election for which the primary election has been held.”
At the June 2014 primary, the turnout in the Democratic and Republican Parties was so low, neither major party passed the 10% test, unless the law is interpreted to mean that every vote cast for every office should be added up for the calculation. A neutral, reasonable reader would read the law to interpret “votes cast” as the number of voters who participated in the party’s primary, because the context of the law is that a party with very bad primary turnout should be deprived of its own party column on the upcoming general election.
The case was filed with a request for emergency consideration. However, after the judge who received the case had had it a day, she transferred it to a Criminal Court Judge, Mark Fleming. Attorneys for the D-R Party investigated and learned that Judge Fleming had been an attorney on the side of the state government in a similar case filed by the Conservative Party in 1999. The D-R group then asked Judge Fleming to recuse himself, which he did on August 19. By now the case has been delayed five days, and it still doesn’t have a case number, or an assigned judge.
Public Policy Polling released this North Carolina U.S. Senate poll on August 19. The results: Democratic incumbent Kay Hagan 42%, Republican Thom Tillis 38%, Libertarian Sean Haugh 8%, undecided 13%. Thanks to PoliticalWire for the link.
