U.S. District Court Upholds Arkansas March 3 Non-Presidential Independent Candidate Petition Deadline

On August 25, U.S. District Court Judge James M. Moody, Jr., upheld the March 3 petition deadline that was in effect in Arkansas in 2014 (and will be again in 2018, under current law), for non-presidential independent candidate petitions. He said the deadline is needed to give the state time to check the petitions. Of course, independent candidates go directly onto the November ballot, which is not printed until September. The decision is Moore v Martin, 4:14cv-65, eastern district. In 2014, the primary was in late May, which meant that independent candidates had to qualify more than two months before the major parties chose their nominees.

The decision says early deadlines are not unconstitutional unless they are combined with a high number of signatures. One of the plaintiffs in this case needed 10,000 signatures; the others, who were running for the legislature, needed a petition of 3% of the last gubernatorial vote cast in their districts.

This legal conclusion is obviously wrong. In Anderson v Celebrezze, the U.S. Supreme Court said Ohio’s March 20 petition deadline for independent presidential candidates was unconstitutional all by itself, regardless of the number of signatures. Anderson only needed 5,000 signatures in Ohio in 1980, which was only eight-hundredths of 1% of the number of registered voters in Ohio at the time (Ohio had 5,926,864 registered voters in 1980). Plaintiffs will probably ask for reconsideration, mentioning Anderson v Celebrezze. The opinion does not discuss that case.

UPDATE: here is a news story about the decision.

South Carolina Republican Party Now Requires Presidential Primary Candidates to Sign Loyalty Pledge

According to this story, a few months ago the South Carolina Republican Party revised its declaration of candidacy form to require candidates in its presidential primary to promise they will support the party’s nominee in November, no matter who it turns out to be.

In 2012, when there was no such pledge in South Carolina’s Republican Party, Gary Johnson ran in the South Carolina Republican primary but he abandoned that campaign and was on the November 2012 South Carolina ballot as the Libertarian nominee.

Colorado Republicans Will Send Unpledged Delegates to Republican National Convention

Colorado isn’t holding a presidential primary in 2016. The Republican Party will start the process of electing delegates to the national convention in local caucuses in the spring of 2016, but the process of electing delegates will not have any matching caucus presidential voting. Of course various individuals chosen for the national convention will have their own preferences, but all delegates will be completely free to vote for anyone they wish at the July convention itself. See this Denver Post story.

BBC News Story on How Labour Party Lets Dues-Paying Members Choose Party Leader

The Labour Party is letting its dues-paying members choose the party’s leader, which means the individual who will become Prime Minister in the next election, if the Labour Party wins that election. However, the next election is likely to be years in the future. See this story, which says the party is trying to expel individuals it believes are not bona fide members. Thanks to Thomas Jones for the link.