Here are the preliminary primary election returns from North Carolina, for all three qualified parties. The Libertarian results for the U.S. Senate race are, so far: Sean Haugh 1,213; Tim D’Annunzio 784. Haugh is a long-time activist in the party. D’Annunzio is a newcomer to the party, who had run for Congress in both 2010 and 2012 as a Republican.
On May 6, the Ninth Circuit issued a six-page opinion in Lindsay v Bowen, 13-15085, that manages to obscure, rather than illuminate, the issue of when and how a state election official can determine the constitutional eligibility of presidential candidates. The decision upholds the Secretary of State’s decision to bar one of the Peace & Freedom Party’s presidential candidates from the party’s presidential primary.
In 2012, the Peace & Freedom Party submitted a list of presidential candidates for placement on the party’s presidential primary ballot. The Secretary of State refused to list Peta Lindsay because she was under age 35. There is no California statute that gives the Secretary of State any authority to decide which presidential candidates are constitutionally eligible. There was no declaration of candidacy for Lindsay or any other presidential candidate to sign.
During 2008 and 2012, when challenges to the eligibility of John McCain and Barack Obama were made, the California Secretary of State said that she had no authority to evaluate the constitutional qualifications of presidential candidates. The only distinction made in the Ninth Circuit opinion between those instances, and the Lindsay instance, is that Lindsay admitted she didn’t meet the constitutional qualifications. One wonders, then, how the case would have turned out if Lindsay had insisted that she was old enough. One wonders if the Secretary of State would have accepted her claim at face value, or whether the Secretary of State would have sought Lindsay’s birth certificate.
The opinion makes no reference to Fuller v Bowen, in which the State Court of Appeals ruled that candidates for the legislature cannot be barred from the ballot even if they admit they don’t meet the constitutional qualifications. In that case, candidates who admitted they didn’t comply with the state constitutional residency requirement for legislature (a one-year duration of residency requirement) still were allowed on the ballot.
At the Ninth Circuit hearing, one of the judges asked the attorney for the Secretary of State how the Secretary knew that Lindsay was under age 35. The response was that the Secretary of State, or one of her employees, happened to see a newspaper story that mentioned her age.
On May 6, the California Assembly Elections Committee passed two bills that ease ballot access restrictions. Both bills passed unanimously. AB 2351 makes it easier for parties to remain ballot-qualified. AB 2233 reduces the number of signatures in lieu of the filing fee in special elections, on the grounds that the petitioning period is so much shorter in special elections than in regular elections.
The May 6 Sacramento Bee has this op-ed by Mike Feinstein, former Mayor of Santa Monica, on how California’s top-two system has injured the state’s minor parties.
On April 24, some students at the University of Hawaii at Hilo filed a federal lawsuit, over the restrictions on passing out literature on campus. The University is a public school. The case is Burch v University of Hawaii System, 1:14cv-200.
The campus has a “free speech zone” that occupies only one-fourth of 1% of the total land area of the campus, and which has very little pedestrian traffic. The campus also allows some First Amendment activity at the Campus Center Plaza and the Library Lanai, but before those areas can be used, students must apply for permission seven working days (which is more than a week) in advance, and sometimes the administration takes weeks to respond to the request. Here is a copy of the 32-page complaint. Thanks to Darryl Perry for the link.
