Maine Legislature Likely to Repair Public Funding Law

According to this story, the Maine legislature is very likely to fix the constitutional flaw in the state’s public funding law for candidates, when the legislature convenes next year. The part of the public funding law that allows extra public funding for publicly funded candidates who have well-financed private opponents was held unconstitutional a few weeks ago. That part can be removed, without eliminating the entire program.

All Briefs Will be Filed in Washington State Top-Two Case by August 25

The 9th circuit has set an August 11 deadline for briefs to be filed by the state of Washington, and by its ally, the Washington State Grange, in the pending lawsuit against the top-two system. Rebuttal briefs by the Democratic, Republican and Libertarian Parties will then be due August 25. Then we will wait for the court to set a date for oral argument, which will probably be toward the end of 2011.

Arizona May Hold a January 2012 Presidential Primary

Arizona law sets the 2012 presidential primary on February 28, but the law also gives the Governor the authority to change that date. On July 21, Arizona Governor Jan Brewer suggested she is inclined to move the primary into January. See this story. Thanks to Frontloading HQ for the link.

Although press stories focus on the impact this would have on the Republican presidential contest, the proposed early Arizona primary could also impact the Libertarian Party and the Green Party. Both are entitled to a presidential primary in Arizona if they desire one. In 1996, the Arizona Libertarian Party and the Arizona Democratic Party won a court order, saying that if a party doesn’t want the state to hold a presidential primary for itself, then the state should respect the party’s wishes and not hold one. Republicans also refused a presidential primary in Arizona in 2004. Arizona held no presidential primaries before 1996.

In 2008 the Libertarian Party declined to participate in the state’s presidential primary, but held its own party-financed mail presidential primary. The Arizona Green Party has never before been entitled to participate in a government presidential primary. Although the Green Party successfully petitioned to be a qualified party in 2000 and 2008, it didn’t qualify in time for its own presidential primary. For 2012, however, the Greens are already qualified so they could have their first presidential primary if they wish to.

D.C. Circuit Keeps Libertarian Party Write-in Case Alive

On July 21, three judges of the U.S. Court of Appeals, D.C. Circuit, rejected the motion of the Board of Elections to summarily rule against the Libertarian Party, in Libertarian Party v D.C. Board of Elections, 11-7029. The Court will now set a briefing schedule. The issue is whether the U.S. Constitution protects the right of voters to have their write-ins counted, in presidential elections. The D.C. election law provides that write-in presidential candidates may file a declaration of write-in candidacy, but then the Board won’t count the votes for such presidential candidates. In 2008, Bob Barr, the Libertarian Party presidential candidate, was the only write-in candidate for President who filed to have his write-ins counted. The lower court had said the Board’s interest in saving money is more important than the right to have votes counted.

The one-page order says, “The merits of the parties’ positions are not so clear as to warrant summary action. Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.”