| Page 3173

New Hampshire Candidate Filing Closes

Posted on June 16, 2014 by Richard WingerJune 16, 2014

Although independent candidates, and the nominees of unqualified parties, need not submit New Hampshire petitions until August 6, they are required to file a Declaration of Candidacy by June 13.

The only petitioning candidates who filed for Congress this year are Libertarians Gardner Goldsmith for U.S. Senate, and Brian Chabot for U.S. House, 2nd district. The only petitioning candidate who filed for Governor is John D. Shea, an independent who was formerly a Democratic member of the Executive Council.

Sixteen petitioning candidates filed for State House. At least two of them are Libertarians; probably most of the remainder are independents. The Declaration of Candidacy form does not ask for party label; the candidates indicate that when they file their petitions.

Ninth Circuit Invalidates California Law Requiring Names of Initiative Proponents to be Listed on Each Petition Sheet

Posted on June 16, 2014 by Richard WingerJune 16, 2014

On June 16, the Ninth Circuit invalidated California laws that require the individual proponents of an initiative to be listed on each petition sheet. Chula Vista Citizens v Norris, 12-55726. However, the decision upholds the law that says that only individuals, not groups, may sponsor initiatives. Technically the decision only relates to city initiatives, but the constitutional principles in the decision would apply to any type of initiative.

Here is the decision, which was 2-1. The purpose of the initiative was to repeal a city ordinance that limited contractors with the city to those who used only used unionized labor. The decision says that because initiative proponents must reveal their identifies when they file the notice that they are starting to circulate the initiative (to the City Clerk, and in a newspaper of general circulation), there is no government need to have the proponents also named on each petition sheet. The principles behind the decision are supportive of the Ohio Libertarian Party argument in Libertarian Party of Ohio v Husted; in that case Ohio requires the employer of the petitioners on each petition sheet. The Ohio case is still pending, even though the courts have refused injunctive relief to the Ohio Libertarian candidates.

Three-Candidate Poll for New York Gubernatorial Election

Posted on June 16, 2014 by Richard WingerJune 16, 2014

On June 16, Siena Polls released a New York gubernatorial election poll. The results: Democratic Andrew Cuomo 57%, Republican Rob Astorino 21%, Green Howie Hawkins 4%, someone else 1%, won’t vote 6%, don’t know 10%. See the details here; see question 25.

The petition deadline for nominees of unqualified parties, and independent candidates, is August 5. The Libertarian Party is expected to petition, and perhaps others will also. Thanks to Political Wire for the link.

U.S. Supreme Court Issues Opinion in Case on Ohio’s Law that Criminalizes False Campaign Speech

Posted on June 16, 2014 by Richard WingerJune 16, 2014

On June 16, the U.S. Supreme Court issued a unanimous opinion in Susan B. Anthony List v Driehaus, on Ohio’s law making it a crime to make a knowingly false statement about a candidate or a ballot measure. See this analysis by Election Law Professor Rick Hasen about the decision. The lower courts had refused to decide the constitutionality of the law, but the U.S. Supreme Court sent the case back to the lower courts, and said they should have adjudicated the case.

Minnesota Candidate Filing Closes

Posted on June 15, 2014 by Richard WingerJune 15, 2014

Minnesota filing for all federal and state office closed on June 3. Here is a link to the Secretary of State’s web page, listing candidates. There are three ballot-qualified parties, Democratic-Farmer-Labor, Republican, and Independence. Candidates running in the primaries of these three parties do not need any petition to get on their own party’s primary ballot. The primary is August 12.

This year, the Independence Party only has 4 candidates for the state legislature, the smallest number since the party first had its own primary, starting in 1996 (during 1996 and 1998, the party’s name was the Reform Party). The party had the highest number of legislative nominees in its history in 2002, the year it elected a State Senator, Sheila Kiscaden. It had 43 legislative nominees that year.

The Independence Party does have a full slate for all the statewide offices this year, and has a contested primary for U.S. Senate and Secretary of State. It has U.S. House candidates in four of the eight districts.

Among the unqualified parties, the Libertarian Party has a full slate of statewide candidates. The Green Party has a candidate for Attorney General, one for U.S. House, and two for State House. The Constitution Party has one for State House. The Grassroots Party has changed its name to “Grassroots-Legalize Cannabis Party.” It has candidates for Governor/Lt. Governor, and Auditor. There is one statewide independent candidate for Attorney General who has the ballot label “Legal Marijuana Now.” There are no independent candidates for U.S. House or state legislature. Thanks to Oliver Steinberg for this news.