Mike Duggan Kept off Detroit Mayoral Ballot by Michigan State Court of Appeals

On June 18, the Michigan State Court of Appeals ruled 2-1 that Mike Duggan, a leading candidate for Mayor of Detroit, can’t be on the ballot. The lower court had come to the same conclusion. He will appeal to the State Supreme Court. The law says a candidate must have been registered to vote for a year before filing his petition to be on the ballot. Duggan could easily have complied if he had waited to hand in his petition until the deadline. Unfortunately for him, he submitted the petition before the year was up. See this story. Thanks to Rick Hasen for the link.

New Jersey Bill Advances, Would Move this Year’s General Election from November to October

On June 18, the New Jersey Senate State Government Committee passed SB 2858, which moves this year’s general election for state office from November 5 to October 16. The rationale for the bill is that as long as the state is having a special U.S. Senate election on October 16, it might as well have the state election office on the same day. The same committee also passed SB 2857, to provide that when Governors appoint a U.S. Senator that choice must be of the same party as the party of the former Senator.

U.S. District Court Strikes Down Tennessee Law Giving Two Major Parties Best Spot on Ballot; and Also Strikes Down Petition Requirement Again

On June 18, U.S. District Court Judge William J. Haynes ruled that Tennessee’s law, giving the two largest parties the best spots on the general election ballot, is unconstitutional. He also again struck down the law that requires newly-qualifying parties to submit 40,042 valid signatures (2.5% of the last gubernatorial vote).

Judge Haynes had struck down the number of signatures in the same case, but the Sixth Circuit had remanded the case back to him, and requested that he review the number of signatures again. The Sixth Circuit mentioned that in 1971, the U.S. Supreme Court had upheld Georgia’s petition requirement of 5% of the number of registered voters. In response, Judge Haynes reaffirmed his original decision, pointing out that Tennessee is obviously not concerned about crowded ballots, because it allows presidential primary candidates to get on the ballot with only 2,500 signatures; and it lets all candidates for other office get on primary ballots with only 25 signatures. Also he mentioned that Tennessee lets independent candidates get on the ballot for President with 275 signatures and independent candidates for all other office only need 25 signatures.

The part of the decision on ballot order of candidates is surely the most thorough court opinion on that subject ever written. The opinion contains an exhaustive report on research on whether ballot access order affects voting behavior.