On March 31, a debate was held for the three candidates on the ballot in the May 5 special U.S. House election in New York, in the 11th district. The candidates were Republican Dan Donovan, Democrat Vincent Gentile, and Green nominee James Lane. See this story.
Illinois Governor Bruce Rauner has called a special election for U.S. House, 18th district, for July 24, 2015. See this story. The vacancy occurred when Congressman Aaron Schock resigned.
The story says the Illinois legislature will probably quickly amend some election laws relative to this special election. In 2013, a U.S. District Court ruled that Illinois cannot require petitions of 5% of the last vote cast, for special congressional elections. So far the legislature has not amended the law to reflect the 2013 decision, but perhaps that will happen soon. That case was Jones v McGuffage, 921 F Supp 2d 888 (n.d.)
On March 20, the Republican National Committee asked a U.S. District Court to intervene in Libertarian Party of New Hampshire v Gardner, 1:!4cv-322. The issue in the lawsuit is the 2013 change to the New Hampshire election law that it made it illegal for a newly-qualifying party to circulate a party petition during an odd year.
The Republican National Committee’s motion says, “This lawsuit challenges a recent New Hampshire amendment to its election laws regarding ballot access by political organizations. The RNC proposes to intervene for the purpose of defending constitutionality of that amendment (sic)…The Republican Party has qualified for access to the New Hampshire general election ballot in 2016. Accordingly, it has a vital interest in New Hampshire’s election regulation in general and, specifically, the requirements for ballot access…the defendant (the Secretary of State) cannot adequately represent the RNC’s interests in this litigation.”
As far as is known, this is the first time any major party national committee has intervened in a constitutional ballot access lawsuit at a time remote from a presidential general election. The Democratic National Committee intervened in some lawsuits involving independent presidential candidate Eugene McCarthy in 1976, John B. Anderson in 1980, and Ralph Nader in 2004. But those interventions were on how certain ballot access laws should be interpreted, not over their constitutionality.
This action is a clue that the Republican National Committee will be seeking to intervene in court in many states during 2016 to try to prevent the Libertarian Party, and possibly other minor parties or independent candidates, from getting on the ballot. It also might be connected to the actions of Republican legislators in South Dakota and Arizona, who during March have solidly voted in favor of bills making ballot access laws for minor parties more difficult.
For the third time, a federal judge in Illinois has not released an opinion in Libertarian Party of Illinois v Illinois State Board of Elections, n.d., 1:12cv2511, by the date that she had said she would release it. The issue in the lawsuit is the law that requires a newly-qualifying party to run a full slate of candidates.
On February 12, 2015, the judge had said she would rule by the next status conference hearing, and set the status conference for March 11.
But on March 10, she postponed the status conference to March 24.
Then, on March 23, she postponed the status conference to April 7, but she also said at the time, “The Court will issue a ruling on the pending cross-motions for summary judgment within the week.” The week ended on Saturday, March 28, but the opinion is still not out.
On March 30, the Arkansas Senate State Agencies & Government Affairs Committee passed SB 860, which makes it more difficult for initiatives and referenda to get on the ballot. See this story. Among other things, the bill makes it a crime for any voter so sign a petition twice. Many times, individuals sign a petition twice because they don’t remember that they had already signed it. This is especially true for initiative petitions, when the petition drive may be ongoing for many months.
