Louisiana Sets Date for Upcoming Special U.S. House Election

Louisiana will hold a special election for U.S. House, Fifth district, on October 19. Candidates must qualify by paying a filing fee sometime between August 19 and August 21. The vacancy is due to the resignation of Congressman Rodney Alexander. The district is physically large and includes virtually all of northeast Louisiana.

In November 2012, the vote in this district was: Alexander, Republican, 202,536; independent candidate Ron Ceasar, 37,486; Libertarian Clay Grant, 20,194. Thanks to Randall Hayes for this news.

Colorado Libertarians, Plus One Democratic Candidate, Sue to Obtain More time to Submit Petitions in Two Special Elections

On August 7, the Colorado Libertarian Party, and a Democratic candidate, and a Libertarian candidate, jointly filed a lawsuit in state court to require the state to give more time for petitions, to get on the ballot in the September 10 recall elections. Colorado is holding recall elections on that date for State Senate district 3 (centered in Pueblo) and State Senate district 3 (Colorado Springs).

Colorado recalls work like California recalls. First the ballot asks the voter to decide whether to recall the office-holder. Below that, the ballot asks voters to vote for a new office-holder, in case the recall succeeds. To get on this part of the ballot, all candidates (including the individuals subject to the recall election) need 1,000 signatures. The State Constitution says such petitions are due 15 days before the election, but the Secretary of State is instead following a statute that contradicts the Constitution, and says the petitions are due 10 days after the Governor sets the date of the recall petition. Thus the petitions are due either on August 31 or on July 29, a significant difference.

The case is Libertarian Party of Colorado v Gessler, Denver district court, 13cv-33491. If the lawsuit does not succeed, the only candidates on the recall ballot in each district will be one Democrat (in each case, the office-holder subject to the recall) and one Republican. However, write-ins are allowed. The two Senators being recalled are Angela Giron in the Third District, and John Morse in the Eleventh District. Here is the complaint. Thanks to Rick Hasen for the link.

Alabama Democrats Miss Certification Deadline by One Hour, but Secretary of State Accepts Filings Anyway

The Alabama Democratic Party’s certification of its two primary candidates for the upcoming special election, U.S. House, First District, was an hour past the deadline. However, the Secretary of State accepted the filing anyway. See this story.

The Michigan Secretary of State refused to accept Gary Johnson’s 2011 withdrawal from the Republican presidential primary, even though Johnson was only three minutes late. That sad result harmed all the voters who wished to vote for Johnson in November, because he was kept off the November ballot and thus voters who wanted to vote for him had to cast a write-in vote. Thanks to David Schoen for the link. UPDATE: here is a newspaper story.

A Majority of Detroit Voters Cast a Write-in Vote for Mayor

On August 6, between 52% and 53% of Detroit voters cast a write-in vote for Mayor. See this story. This outcome, like the outcome in the Alaska November 2010 U.S. Senate race (won by write-in candidate Lisa Murkowski) is a rebuke to the six U.S. Supreme Court Justices who voted in Burdick v Takushi in 1992 that states have an interest in banning write-in votes. That interest, Justice Byron White wrote, is “stability.” Actually, when laws interfere with the ability of voters to vote for whom they wish, such a restriction is more likely to injure stability than to protect it.