Kansas State Court Hears Case Over Whether Democrats Should be Forced to Nominate a U.S. Senate Candidate

Here is a newspaper story describing the September 29 hearing in Orel v Kansas Democratic Party, the case in which a voter sued the party to force it to run a U.S. Senate candidate. The plaintiff did not appear in court. There is nothing that says plaintiffs must appear in court in their own cases, but his absence was still noted in the oral argument. The judges refused to let the Secretary of State intervene in this case.

Libertarian Candidate for U.S. Senate in Kentucky Sues Public TV for Admission into October 13 Debate

On September 28, David Patterson, Libertarian nominee for U.S. Senate in Kentucky, sued Kentucky Educational TV for refusing to invite him into the only U.S. Senate debate in Kentucky this year. Libertarian National Committee v Holliday, eastern district, 3:14cv-63. The case is assigned to U.S. District Court Judge Gregory VanTatenhove, a Bush Jr. appointee.

The lawsuit charges that the station’s original criterion for an invitation to the debate, which Patterson met, was changed with the intent to exclude him. Polls have shown Patterson above 5%. The original rules required a 5% showing, but after the poll came out, the station altered its rules to require a higher level of support. Here is the Complaint. The text is 22 pages and the additional pages are copies of internal communications within Kentucky Educational TV.

Kansas Democratic Party Files Brief, Arguing State Cannot Force it to Nominate a U.S. Senate Candidate

On September 29, the Kansas Democratic Party filed this 31-page brief in a trial court in Shawnee County, Kansas, in Orel v Kansas Democratic Party. The brief argues many reasons why the Secretary of State is wrong to insist that the Democratic Party must nominate a candidate for U.S. Senate. Pages 19-23 of the brief make the First Amendment argument, that the Constitution protects the ability of a party to make these decisions for itself.

In addition, the brief says if the Democratic Party voter who filed the case wants to vote for a Democrat for U.S. Senate, he is free to cast a write-in vote in the general election. Thanks to Rick Hasen for the link. UPDATE: here is the Secretary of State’s brief.