U.S. District Court Hears Virginia Democratic Party Voter Purge Lawsuit on Friday, October 18

U.S. District Court Judge Claude M. Hilton will hear Democratic Party of Virginia v Virginia State Board of Elections on October 18, Friday. This is the case on whether Virginia election officials should have purged approximately 40,000 voters in advance of the November 5 state election. Judge Hilton is a Reagan appointee who was on the Foreign Intelligence Surveillance Court from 2000 through 2007. He is currently also handling the lawsuit in which the federal government is demanding that Lavabit turn over its encryption keys so the government can read e-mails of Lavabit’s customers. Edward Snowden used Lavabit.

Virginia Libertarian Party Files Brief with U.S. Supreme Court in Circulator Residency Lawsuit

On October 17, the Virginia Libertarian Party filed this brief with the U.S. Supreme Court. The case is Libertarian Party of Virginia v Judd, 13-231. The issue is Virginia’s ban on out-of-state petitioners. The state wants the U.S. Supreme Court to reinstate the law. The party’s brief argues that the lower courts were correct to invalidate the law.

The next step is that the U.S. Supreme Court will decide whether to hear Virginia’s appeal. If the Court declines, then the case is over and the state can no longer enforce the ban.

Georgia Newspaper Criticizes Virginia Debate Exclusion

The Barrow Journal of Winder, Georgia, has this editorial, which criticizes Virginia’s gubernatorial debate sponsors for excluding Rob Sarvis from all gubernatorial debates. By contrast, Georgia gubernatorial debates in each of the last three elections have included all three ballot-listed candidates on the ballot. The editorial does not mention Georgia’s better record on debates, perhaps because the editor assumed his readers already remember that Georgia’s debates have been inclusive.

New York City Ballots for November 5, 2013 Will be in Six-Point Type

The New York City Board of Elections has announced that the ballot for New York city’s election on November 5, 2013, will be printed in six-point type. This means that most voters will be required to use a magnifying glass. Ordinary newspaper print is ten-point type. See this story.

Part of the reason is that there are fifteen candidates for Mayor, and some of them have multiple listings on the ballot, so that twenty spaces are needed for the mayoral race. However, there have been many jurisdictions that had races with more candidates than that for a single office, that did not use tiny print. Many New Hampshire presidential primaries have had more candidates: 1992 Democratic had 36, 2012 Republican had 30, 1988 Democratic had 25, 1992 Republican had 25, 2004 Democratic had 23, 1984 Democratic had 22, 1996 Republican had 22, 1996 Democratic had 21, 2008 Democratic had 21, 2008 Republican had 21. New Hampshire ballots didn’t use tiny print.

The story mentions that part of the problem is New York state’s law that does not give flexibility to election administrators, and part of the problem is that everything must be printed in five languages. If New York city used paper ballots, it could print different ballots for each language. If it used touch-screen ballots, the touch-screen could be programmed to let a voter choose the desired language. But because New York city is using old-fashioned mechanical voting machines, those options aren’t available. Thanks to Steve Urbano for the link.

Public Policy Poll for South Dakota U.S. Senate Race Shows Libertarian Kurt Evans at 11%

On October 16, Public Policy Polling released a poll for the 2014 South Dakota U.S. Senate race. The seat is open because incumbent Tim Johnson is retiring. The results: Republican Mike Rounds 40%, Democrat Rick Weiland 34%, Libertarian Kurt Evans 11%, undecided 15%.

Parties retain their place on the ballot in South Dakota if they poll 2.5% for Governor. No other race matters for that purpose. A party that meets the vote test then remains on for another four years. The Libertarian Party has met the 2.5% gubernatorial vote test only once, in 1994. The Constitution Party is also ballot-qualified in South Dakota for 2014. Thanks to PoliticalWire for the link.