Libertarian Ballot Access Cases in California and Massachusetts Slowed Down by State Requests for More Time

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Two pending Libertarian Party election law cases, one in California and one in Massachusetts, are proceeding slowly because attorneys for the state have asked for extensions of time to file responses.

In California, the Libertarian Party is challenging a state law that does not permit candidate petition circulators to work if they don’t live in the district. The case is in the 9th circuit. The state’s brief had been due on September 7, but the state requested an extension until September 22. The case is Libertarian Party of Los Angeles County v Bowen, 11-55316.

In Massachusetts, the Libertarian Party is challenging the state’s refusal to let the party use a stand-in presidential candidate. The state’s response had been due September 12, but the state has received an extension until October 17. The case is Libertarian Association of Massachusetts v Galvin, sj2011-0348.

Rhode Island Will Restore Names of Qualified Parties to the Voter Registration Form

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Until 2010, Rhode Island voter registration forms, like the voter registration forms of almost all other states that have registration by party, listed the qualified parties. Voters could choose one by checking a box. But in 2010, the Rhode Island Board of Elections deleted the names of the qualified parties, and just left a blank line for the voter to write in the name of a party.

However, on September 13, the Board reversed the 2010 decision, and the new forms will again list the qualified parties. They qualified parties in Rhode Island are Democratic, Republican, and Moderate. The Moderate Party is especially happy with this development, because whereas most people know about the two major parties, a substantial number of people are not aware of the Moderate Party.

Nevada Special U.S. House Election Results

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The Nevada Secretary of State’s web page shows these results for today’s special U.S. House election, 2nd district: Republican Mark Amodei 57.09%, Democrat Kate Marshall 37.11%, independent candidate Helmuth Lehmann 4.12%, Independent American Party nominee Tim Fasano, 1.69%.

New York also has a special U.S. House election today, but New York State Board of Elections never reports any votes until the official tally is determined. The Republican nominee won, according to unofficial press reports.

Opponents of Carl Lewis Will Appeal Ruling that put him on Ballot

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According to this story, today’s 3rd circuit order putting Carl Lewis on the ballot will be appealed. The appeal will either be to the U.S. Supreme Court, or to the entire 3rd circuit. Although it would be somewhat inaccurate to expect judges to vote according to their own partisan leanings, it is interesting that the 3rd circuit has 13 full-time judges, including seven appointed by Democratic presidents, and six by Republican presidents.

Arizona Supreme Court Upholds Validity of Recall Petition

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On September 13, the Arizona Supreme Court issued a three-sentence order, agreeing with the lower court that the petition to force a recall of Senate President Russell Pearce is valid. The Court said it would issue a full opinion later. Pearce had tried to invalidate the petition. He did not contest the finding that the petition had been signed by enough registered voters. But he argued that the circulators did not complete the certification blank on many of the sheets. The case is Ross v Bennett, cv11-0264-T-AP.

Ohio Bill to Move Primary from March to May

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On September 12, a bill was introduced in the Ohio legislature to move the primary in presidential election years from March to May (in non-presidential years, the Ohio primary is already in May). The bill is SB 217, and it has an urgency clause, so that it can go into effect immediately after it is signed into law.

If this bill passes, it will have no effect on petition deadlines for newly-qualifying parties, because of the court decision earlier this month that the Ohio statutory deadline for new party petitions is too early, whether the primary is in May or March. Under the statutory law, petitions for newly-qualifying parties are due 90 days before the primary.

Another Ohio bill, HB 194, already passed this year, moving the primary in presidential election years from March to May. That is the same omnibus election law bill that is the subject of a referendum petition, so it won’t go into effect in 2012 if the referendum gets enough valid signatures. Because no one can predict what will happen to HB 194, the separate bill to just move the primary was introduced. Thanks to Frontloading HQ for the news.