U.S. Supreme Court Sets Conference Date for Wyoming Campaign Finance Case

The U.S. Supreme Court will consider whether to hear Free Speech v Federal Election Commission, 13-772, on May 15. This Wyoming case was filed by three individuals who wanted to pool their money to run some ads commenting on various candidates and issues, but who do not want to form a PAC, because the paperwork requirements are so daunting. The individuals are willing to make full disclosure of their spending.

Free Speech filed its cert petition on December 30, 2013. The case has taken longer than usual to get a conference date because the FEC twice asked for an extension of time in which to file its response.

South Carolina Supreme Court Will Rule by April 25 in Libertarian Party Nominations Case

On April 24, the South Carolina Supreme Court heard oral arguments in South Carolina Libertarian Party v South Carolina Election Commission, 2014-775. The Court indicated it will issue an opinion by the close of business April 25 (Friday).

By their questions and comments, the Justices seemed to signal that they believe the South Carolina Election Commission had no authority to tell the Libertarian Party that it may not have a primary this year. UPDATE: see this AP story about the hearing.

South Carolina Republican Party Demands that Independent Candidate Stop Referring to Himself as an “Independent Republican”

On April 24, the chair of the South Carolina Republican Party held a news conference to say that the party has demanded that independent gubernatorial candidate Tom Ervin stop referring to himself as an “independent Republican” in his campaign ads. See this story.

South Carolina does not have registration by party, so whether or not any individual is a party member depends entirely on how that individual defines himself or herself. Ervin has already responded to the threat by saying he will not comply with the party’s demand.

There were many independent candidates on the November 2012 ballot who referred to themselves as Republicans or Democrats. That was because, due to a confusing campaign finance law, many legislative candidates from the two major parties were removed from the primary ballots of their own parties and had to run as independent candidates.

Michael Myers Qualifies as an Independent Gubernatorial Candidate in South Dakota

The South Dakota Secretary of State has determined that Michael Myers will appear on the November 2014 ballot as an independent gubernatorial candidate. See this story.

From 1928 through 1994, there were no independent gubernatorial candidates in South Dakota, but independents did appear on the ballot for Governor in 1998 and 2002. Although the election returns for 1930, 1932, and 1934 list an “independent” candidate for Governor, in those three years, the candidate was actually the Communist Party nominee.

Democratic Governors Association Sues Connecticut Over Campaign Finance Restrictions

On April 23, the Democratic Governors Association filed a federal lawsuit against certain Connnecticut campaign finance laws. The Association wants to make independent expenditures this year in support of Connecticut Governor Dan Malloy, a Democrat who is running for re-election. The lawsuit says that Connecticut laws on independent expenditures provide that spending isn’t “independent” if the group and the candidate have had close contact in the recent past. The Democratic Governors Association says that it understands that its decisions about spending in the Connecticut race itself must be completely uncoordinated with Governor Malloy. But it says that the state, unless restrained by a court, will simply presume that the expenditures aren’t independent, just because Malloy has been active in the organization.

The case is Democratic Governors Association v Brandi, 3:14cv-544. It was assigned to U.S. District Court judge Janet C. Hall, a Clinton appointee. See this story for more details.