Independent Candidate Files Lawsuit to Reduce Number of Signatures in Upcoming Alabama Special Congressional Election

On September 16, independent candidate James Hall filed a lawsuit against Alabama, seeking a reduction in the number of signatures needed for petitioning candidates in the upcoming special election to fill the vacant U.S. House seat, First District. The lawsuit is Hall v Bennett, 2:13-663, middle district of Alabama. See this story.

Alabama law does not prevent independent candidates from starting to petition as early as they wish, so normally, an independent candidate may have up to two years to collect the needed signatures. However, in this special election, the date of the election was not announced until July 29. Alabama petitions normally must display the date of the election, and until the end of July, no one knew what the date of the election would be. The petition is due September 24. The state did not reduce the number of signatures to take into account that the time period is so much shorter for this election than in a normal election. The election will be on December 17.

The Illinois Green Party won a similar lawsuit earlier this year. A federal court in Illinois reduced the number of signatures required for the special election to fill the vacant 2nd district from 15,682 signatures to 3,444 signatures, because the petitioning time had been shortened. Jones v McGuffage, 921 F.Supp.2d 888. Similar lawsuits were won in Georgia in 2002 and 1981, and in Florida in 1982 and 1989, and Maryland in 1981. The Alabama petition requirement for the upcoming election is 5,938 valid signatures (3% of the last vote cast for Governor inside that district).

A Few Minor Party Petition Drives Make Progress

The Arkansas Green Party, and also the Arkansas Libertarian Party, are both petitioning to get on the 2014 ballot. The Green Party now has 10,700 signatures toward its goal of 16,000. It is believed that the Libertarian Party petition also is approximately two-thirds finished. The state requires 10,000 valid signatures.

The Hawaii Libertarian Party, which is conducting a petition drive entirely with volunteers, now has 650 signatures. The legal requirement is 706 valid signatures.

U.S. Supreme Court Puts Ohio Blogger Case on Conference of September 30

The U.S. Supreme Court returns from its summer recess on September 30, when it holds a conference to decide whether to hear certain cases. Probably the Court will then announce on October 1 whether it is hearing any particular cases, and on October 7 it will release further orders from the September 30 conference and also start its fall argument schedule.

One of the cases on the September 30 conference is Corsi v Ohio Election Commission, 12-1442. The plaintiff, Edmund Corsi, has a blog about local politics in Geauga County, Ohio. In 2010 the Ohio Election Commission heard a complaint against him, that he had not registered as a PAC. To register as a PAC requires designation of a treasurer and periodic campaign finance reports. The Commission believed Corsi should become a PAC because his web page sometimes commented on whether his readers should vote for or against particular candidates. The Commission also believed Corsi’s activity was not merely the activity of an individual, because he sometimes held meetings in which participants discussed local politics.

The Ohio State Appeals Court agreed with the Ohio Election Commission that Corsi must register as a PAC. The Ohio Supreme Court refused to hear Corsi’s appeal. Now he is asking the U.S. Supreme Court to hear his case. Here is his cert petition. Corsi is a conservative who frequently criticizes local Republican office-holders. Here is Corsi’s webpage, Geauga Constitutional Council.

New York Times Article Suggests Britain’s Coalition Government is More Successful than Expected

The September 14 New York Times has this article, which suggests that Great Britain’s coalition government (between the Conservative Party and the Liberal Democratic Party) has lasted longer, and been more successful, than expected. No party got a majority of the seats in the last House of Commons election, so the government depends on alliance of one of the two major parties, and Britain’s largest third party.

In the United States, one must go all the way back to 1930 to find an election in which neither major party held a majority in the U.S. House. The various minor parties that elected members of the U.S. House in 1930 formed a coalition with the Democratic Party, to elect the House speaker.

Australia’s Liberal Democratic Party Leader Believes Ballot Position Helped it Win a Senator

This interesting, lengthy Bloomberg article about the Australian Senate results, in the September 7, features the leader of the Liberal Democratic Party, who was elected to the Australian Senate from New South Wales. It quotes him as saying he realized he might be able to win, after he discovered that his party had the best position on the ballot.

The Liberal Democrat Party could be considered Australia’s Libertarian Party. It is not associated with the Liberal Party, which is one of Australia’s major parties. Australia uses proportional representation combined with ranked-choice voting for its Senate elections. The smaller parties cooperated to have their voters support each other. Thanks to John Fund for the link.