Green Party Legislator in Arkansas Loses Democratic Primary

Arkansas held primaries for the Democratic and Republican Parties on May 20. Incumbent state representative Fred Smith was defeated in the Democratic primary in the 50th district. The vote was: Smith 539; Milton Nicks 1,096.

Smith had been nominated by the Green Party in 2012 and had been elected. Although his name was on the only name on the November 2012 ballot, he had two write-in opponents in November. Earlier this year, Smith announced he would seek re-election, not as a Green, but as a Democrat.

This is the second time a Green Party legislator in Arkansas sought to run for re-election in the Democratic primary. Each time, the incumbent lost the Democratic primary. The first instance was in 2010, when Richard Carroll, who had been elected as a Green in 2008, tried to win re-election as a Democrat.

Constitution Party On Ballot This Year in One County in Alabama

Although Alabama will be one of only two, three or four states with no statewide minor party or independent candidates on the November 2014 ballot, the Constitution Party will be on the ballot in Marshall County, Alabama. Alabama lets parties qualify in just part of the state. The party’s Marshall County petition has been checked.

The Libertarian Party expects to be on the Alabama ballot this year in the Sixth U.S. House district, centered on Birmingham, although it is still waiting for verification of its petition in one county.

Clayton Walker, Independent Candidate for U.S. Senate, Challenged Off the South Dakota Ballot

On May 20, the South Dakota Secretary of State informed the press that Clayton Walker, independent candidate for U.S. Senate, had been removed from the general election ballot because a Democratic Party official had challenged his petition. Apparently in South Dakota, when a candidate’s petition is challenged, he or she is not even notified about the challenge until it is over.

In April, Walker had been told that he was on the ballot. See this story. Walker did not know about the challenge until a newspaper story reported the news.

Michigan Defends Law Requiring Conyers Petitioners to be Registered Voters

On May 20, Michigan filed this brief in Moore v Johnson, 2:14cv-11903, one of the two pending federal cases over the state law that says circulators of primary candidate petitions must be registered voters. Michigan argues that because Congressman John Conyers only needed 1,000 signatures, the burden on him and any U.S. House primary candidate is not severe, and therefore no harm is done by the circulator registration requirement.

Michigan then says that the Sixth Circuit precedent Nader v Blackwell, which struck down similar Ohio laws, should not apply, because Ralph Nader needed 5,000 signatures to get on the ballot in Ohio in 2004, which is five times as severe as the Conyers’ petition burden. This is a silly argument. In Ohio, 5,000 signatures is less than one-tenth of 1% of the number of votes cast for president in recent years. But in Conyers’ case, 1,000 signatures is more than one-third of 1% of the votes cast in his 13th district in the last election.

Michigan does not mention the Second Circuit opinion Lerman v Board of Elections in the City of New York, 232 F.3d 135 (2000), which struck down a similar New York law, even though the plaintiff only needed 38 valid signatures. The candidate, Anita Lerman, was running for the Independence Party nomination for city council. Thanks to Thomas Jones for the link.