Hearing Set in Virginia Republican Party Lawsuit Against Law that Lets Incumbents Choose Primary or Convention

U.S. District Court Judge Elizabeth K. Dillon will hear Adams v Alcorn on Monday, March 23, at 2 p.m. in Harrisonburg.  This is the lawsuit filed by a Republican Party Committee that challenges the state law which says an incumbent office-holder who is running for re-election can decide whether the party will nominate in his or her race by primary or by convention.  The Republican Party wants to hold a convention to choose a nominee in the 24th State Senate district.  But the incumbent Republican State Senator wants a primary, and under the law, his wishes overcome the wishes of the party.

When there is no incumbent, a party in Virginia is free to decide whether to use a convention or a primary.  Judge Dillon is an Obama appointee.

Arkansas Bill to Move Primary for All Office from May to March

Arkansas State Senator Gary Stubblefield has introduced SB 765, to move the primary for president and all other office from May to March.  Because the Arkansas petition deadline for non-presidential independent candidates is tied to the date of the primary, if this bill passed, independent candidates for office other than president would be required to file their petitions in November of the year before the election.  The author of the bill has plainly given no thought to this problem.   Such a deadline would clearly be unconstitutional.  Thanks to Josh Putnam for this news about the bill.

Associated Press Story on the Uncertain Ballot Status of Ohio Libertarian Candidates in 2015 Elections

The Associated Press has this story, which has appeared in several Ohio newspapers, about the dilemma that Libertarians in Ohio are in, for the 2015 partisan local elections.  Although most odd year elections in Ohio are non-partisan, some cities have partisan elections this year.  Libertarians filed in three such cities.  Two of them have been told the Libertarian Party isn’t a ballot qualified party any longer, while in a third county, the filing has been accepted.

The party is waiting for a U.S. District Court to rule on whether the 2013 ballot access law is constitutional or not.  If the law is not constitutional, then it is likely the Libertarian Party is still qualified.

U.S. District Court Delays Decision in Illinois Libertarian Party Ballot Access Case

On March 10, U.S. District Court Judge Andrea Wood postponed the status conference in Libertarian Party of Illinois v Illinois State Board of Elections from March 11 to March 25.  She had already said that she would issue an opinion before the next status conference.  Therefore, the fact that she has moved the status conference two weeks into the future shows that the decision won’t be out today or tomorrow, but surely it will be out before March 25.

The issue is the unique Illinois law that says a newly-qualifying party must run a full slate of candidates.  No other state has ever had such a requirement, and Illinois does not require already-established parties to run a full slate.  The Libertarian case was filed in 2012 and has never had a declaratory decision, although when this case was assigned to a different judge, that earlier judge had enjoined the law, saying it was probably unconstitutional.