Pennsylvania State Court Explains Why Challengers to 2012 Libertarian Petition Need Not Pay Court Costs

As is well-known to most readers, Pennsylvania is the only state in which the validity of petitions can only be determined by a court, and the proceedings for statewide petitions in court runs to hundreds of thousands of dollars. Back on March 13, 2013, but not previously noted here, a Pennsylvania Commonwealth Court issued a 14-page opinion, explaining why the Libertarian Party of Pennsylvania cannot recover court costs from the people who objected to the party’s statewide petition, even though the Libertarians won the court case and did appear on the ballot.

Page ten of the opinion says “Although the large number of erroneous challenges (by the people who challenged the Libertarian petition) is disturbing, it does not by itself show bad faith by Objectors where Objectors also affirmatively cooperated to resolve the validity disputes by stipulation and there was a substantial amount of error on both sides.” This decision tends to illustrate how arbitrary the Pennsylvania system is, on the variable of when court costs are or aren’t awarded. It also shows how vague the system is on the variable of when the winning side must request payment. Thanks to Tom Stevens for the link to the opinion.

Special U.S. House Election in Alabama Will Require 5,938 Valid Signatures

Alabama will hold a special election for U.S. House, First District, in late 2013. Congressman Jo Bonner says he will resign from Congress in August 2013, so the state hasn’t formally set the special election yet. However, it is already known that any independent candidate, or any nominee of a party other than the Democratic and Republican Parties, will need 5,938 signatures. Minor party petitions in Alabama need not list the name of the nominee; the petition merely mentions the party. Therefore, any party that wishes to enter this race is free to be petitioning now to get on the ballot. For independent candidates, though, the petition must list the candidate.

No minor party or independent candidate for U.S. House has been on the Alabama ballot since 2010, when the Constitution Party placed a nominee on the ballot in this very same district. That candidate, David Walter, polled 17.0% against Congressman Bonner. No Democrat ran in the 2010 race.

Doug Bailey Dies, was Liberal Republican Who Helped Found Unity ’08

On June 9, Doug Bailey died. He had been a top Republican campaign strategist in the 1976 presidential election, and in 2006 he had helped found Unity ’08, which was planned to place a centrist presidential candidate on the ballot in 2008. Unity ’08 was forced to suspend its operations after a U.S. District Court in Washington, D.C., ruled that no one could give more than $5,000 to the group. Even though the group then ceased operations, it appealed the decision, and won the case in the U.S. Court of Appeals in 2010. That made it possible for Americans Elect to launch itself. Americans Elect qualified for the ballot in 29 states during 2010, 2011 and early 2012, but then shut down because it couldn’t attract a presidential nominee. See this story about Doug Bailey.

UPDATE: see this reminiscence by Nick Troiano.