Former Florida Republican State Legislator Will be Independent Party Candidate for Congress Next Year

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According to this story, former Florida State Senator Nancy Argenziano will run for Congress in 2012 as the nominee of the Independent Party. Earlier, Argenziano had expressed a desire to be a Democratic Party nominee in 2012, but the new election law passed this year forbids anyone from running in a party primary if that person had been a member of another qualified party during the preceding year. Argenziano left the Republican Party some time ago and registered as a member of the Independent Party, which is ballot-qualified. It appears her intent was to become an independent candidate. But, she is making the best of the situation, and will stick with the Independent Party.

Another part of the article refers to new requirements on small qualified parties, that they organize themselves with a structure similar to the Democratic and Republican Parties. That is also part of the election law passed in 2011. However, the new law does not unambiguously say what the article says it does. And even if the new law is interpreted strictly, it would then be unconstitutional under a unanimous U.S. Supreme Court opinion that says states cannot tell parties how to be organized. That decision, released in 1989, is called San Francisco County Democratic Central Committee v Eu, 489 U.S. 214. Also, in Jenness v Fortson, the U.S. Supreme Court said that it would be unconstitutional for states to treat small parties as though they were the same as the two major parties.

Carl Lewis Files Brief in Third Circuit, Opposing Any Stay of the Order that Put Him on the Ballot

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On September 16, attorneys for Carl Lewis filed a four-page brief in the 3rd circuit, arguing that the full panel should not stay the decision earlier this week that put him on the ballot. The brief says, apart from the merits of the case, “no irreparable injury would be suffered by Intervenors (who represent the Republican Party) in the absence of a stay. There has been no showing whatsoever as to how the inclusion of Appellant’s name on the ballots at issue would harm intervenors. Indeed, the only possible outcome is that the eleciton will go forward with two candidates (one representing each major party) between whom the voters would have an opportunity to choose. In a democracy this cannot possibly be said to present irreparable harm.”

Two Important Election Law Cases in Circuit Courts Have Been Unreasonably Delayed for Years

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Two of the most important and interesting election law cases in the nation have been unreasonably delayed by two U.S. Courts of Appeals. The Second Circuit heard arguments in Maslow v Board of Elections in the City of New York, 08-3075, on May 19, 2009, and there is still no decision. That case was argued in front of Judges Peter W. Hall, Debra Ann Livingston, and Chester Stroud. The issue is whether candidate petitions (in primaries) may be circulated by people who aren’t members of that party.

The Sixth Circuit has never scheduled oral arguments in Kurita v The State Primary Board of the Tennessee Democratic Party, 08-6245, even though all the briefs have been filed since May 26, 2009. The issue is whether a political party has the authority to remove the winner of its own primary and substitute the runner-up. The Tennessee Democratic Party refused to certify Rosalind Kurita as its nominee for State Senate in 2008, even though she won the Tennessee Democratic Party primary and even though she was the incumbent. The party said it suspected Republicans had voted in the Democratic primary and that Kurita would not have won without those Republican votes. Tennessee does not have registration by party. Most observers feel the real motivation for the party’s action was that Senator Kurita had voted against her own party when the Senate had chosen officers. The U.S. District Court had upheld the Democratic Party’s decision on October 14, 2008.

North Carolina Legislature Adjourns Without Passing Any Election Law Bills

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On September 14, the North Carolina legislature adjourned its 3-day special session without having passed any election law bills. The session only passed three bills on any subject. The legislature may reconvene on November 7, 2011. That will be the last chance for ballot access reform to pass in time for the 2012 election, because in 2012, the legislature won’t convene until May.

The best chance for any progress in North Carolina ballot access reform now lies with the Fourth Circuit, which hears a challenge to the independent petition requirement for U.S. House candidates on September 22. That case is Greene v Bartlett, 10-2068. No independent candidate in the history of government-printed ballots has ever appeared on the North Carolina ballot for U.S. House. North Carolina has used government-printed ballots since 1901. The current law requires approximately 20,000 valid signatures for an independent for U.S. House.

Rules of the Fourth Circuit provide that the public cannot know which three judges will hear the case, until the hearing date itself. In most circuits, the public can know which judges will be hearing the case a week before the hearing date. Bob Bastress, a law professor who has argued many ballot access cases over the past 32 years, will be representing the independent candidate who filed the lawsuit. The hearing is in Richmond, Virginia, at 9:30 a.m., in the U.S. Court of Appeals Courthouse at 1000 E. Main Street.

Steve Kornacki on Chances of a Powerful Third Candidate in 2012 Presidential Election

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Steve Kornacki, Salon’s news editor, has this commentary on the chances of a powerful third force presidential candidate next year.

The column, and similar commentary, usually say that minor party and independent candidates for important office never win. These articles should acknowledge that in the period starting in 1970, there have been seven gubernatorial elections and six U.S. Senate elections in which someone won who was not a major party nominee.

Ohio Secretary of State Tells Press that Election Administration is Suffering at the Hands of the Legislature

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Ohio Secretary of State Jon Husted, a Republican, is interviewed in the Lancaster, Ohio Eagle-Gazette. See this story. He says this year’s legislative session has acted in a way that is making election administration in Ohio very difficult. This is an implicit criticism of Husted’s own party, because Republicans have majorities in both houses of the legislature and hold the Governorship.