U.S. District Court Strikes Down Indiana’s Limited Nominations Method for Judicial Elections in Indianapolis

On October 9, U.S. District Court Judge Richard Young, a Clinton appointee, issued an opinion in Common Cause Indiana v Indiana Secretary of State, sou. dist., 1:12cv-1603. The 19-page opinion strikes down an Indiana law that says in Indianapolis (co-terminous with Marion County), no political party may run candidates for more than half of the seats for Superior Court. Almost all counties in Indiana elect Superior Court judges on a partisan basis. But only in Indianapolis are political parties told they can only run nominees for half the seats.

The opinion says “this process is apparently unique in the Nation”, but limited voting exists in other places in the U.S. It exists in Philadelphia for city council-at-large, in several other Pennsylvania counties for county legislative office, in Washington D.C. for city-council-at-large, and in several Connecticut cities for Board of Education. The system is meant to guarantee that the dominant political party won’t win all the seats.

Normally there are no minor party or independent candidates on the ballot in Indianapolis for Superior Court Judge, but there could be. The opinion seems to be based on the fact that because normally only Republicans and Democrats run candidates, the general election for this office is meaningless, because with Democrats running for half the seats, and Republicans running for half the seats, no candidate loses. Page five of the decision says, “This results in a system whereby the judicial candidates, who run at large, face no competition in the general election.” But that is not necessarily always true. The opinion does note that in 2002 the Libertarian Party had a candidate, so at least in that instance, general election voters did have some choice.

Judge Young stayed his own opinion.

Mike Huckabee Says if Republican Party Doesn’t Fight Same-Sex Marriage, He will Become an Independent

Mike Huckabee recently said in a speech that if the Republican Party doesn’t continue to vigorously fight same-sex marriage, he will leave the party and become an independent. See this story.

In 2008, Huckabee ran for the Republican presidential nomination and polled the third highest number of popular votes in Republican presidential primaries. He received 4,191,028 votes, just behind second-place finisher Mitt Romney, who got 4,525,616. John McCain, who got the 2008 nomination, polled 9,862,865.

Double Victories for Opponents of Government-Photo I.D. for Voters at Polls

On October 9, opponents of strict government-photo I.D. requirements for voting at the polls scored two victories.

The U.S. Supreme Court ruled 6-3 that Wisconsin cannot require such I.D. for the November 4, 2014 election. Here is the one-page order in Frank v Walker, 14A352.

Also, U.S. District Court Judge Nelva Gonzales Ramos ruled the Texas law on that subject unconstitutional and in violation of the federal Voting Rights Act. Veasey v Perry, southern dist., 13-cv-193. Judge Ramos is an Obama appointee. Here is the 143-page opinion, with a 4-page appendix. Thanks to Justin Levitt for the link.

C-SPAN Broadcasts Colorado Gubernatorial Debate for Alternative Candidates

So far, neither the Democratic nor Republican nominee for Colorado Governor has been willing to debate any of the other candidates on the ballot. However, on the evening of October 8, Free & Equal sponsored a debate which was attended by independent candidate Mike Dunafon, Green Party nominee Harry Hempy, and Libertarian nominee Matthew Hess. See this story. C-SPAN carried the debate.

Adrian Wyllie Files Lawsuit to Gain Admission to October 15 Florida Gubernatorial Debate

On October 8, Adrian Wyllie, Libertarian nominee for Governor of Florida, filed a federal lawsuit to gain admittance into the October 15 debate, which is being sponsored by many news organization. Wyllie for Governor Campaign v Leadership Florida Statewide Community Foundation, sou. dist., 14cv-62322.

The Complaint charges that some of the organizations sponsoring the debate set a requirement that candidates must be at 12% in the polls. When that percentage was set, Wyllie was below 12%. But since then, several neutral polls have showed him above 12%, and some have shown him at 14%. The Complaint argues that after Wyllie met the 12% standard, the standard was raised to 15%.

The case is assigned to U.S. District Court Judge James I. Cohn, an appointee of George W. Bush. He sits in Fourt Lauderdale. Here is the 25-page Complaint.