Third Circuit Puts Independent Ticket on Ballot in Virgin Islands

On August 1, the Third Circuit heard oral arguments in Coffelt v Fawkes, and a few hours later issued an injunction, ordering the plaintiff candidates on the November ballot of the Virgin Islands. Coffelt v Fawkes, 14-3280. The candidates who won injunctive relief are independent candidates for Governor and Lieutenant Governor, Soraya Diase Coffelt and John Canegata. See this story.

Virgin Islands election officials, and the U.S. District Court in the Virgin Islands, had kept the ticket off the ballot because the Lieutenant Governor running-mate is a registered Republican, although the gubernatorial candidate is a registered independent. The law does not say that the independent candidate petition procedure can only be used by registered independents, but election officials and the U.S. District Court thought that the intent of the law was to bar party members from being independent candidates.

The three judges are D. Michael Fisher, a Bush Jr. appointee who served 22 years in the Pennsylvania legislature before becoming a federal judge; Thomas Vanaskie, also a Pennsylvanian, a Clinton appointee to the U.S. District Court and an Obama appointee to the 3rd circuit, who has a liberal record on ballot access; and Patty Shwartz, an Obama appointee who had not previously had any ballot access cases. The panel only issued an order, with no explanatory text yet. Thanks to Tony Roza for this news.

Florida State Court Orders Legislature to Reconvene and Redraw U.S. House District Boundaries

On August 1, the Florida trial court judge who had invalidated the U.S. House district boundaries last month ordered the legislature to return for a special session and redraw the districts. See this story. At first glance, and without my having seen the court order, it seems that the principles of separation of powers ought to prevent any judge from telling a legislature to reconvene, and that instead, the judge should have given the legislature a window of time in which to reconvene, but to say that if the legislature declines to do that, that the court will draw new boundaries. Thanks to Rick Hasen for the link.

Green Party Statewide Petition Fails to Get Enough Signatures in Pennsylvania

August 1 is the Pennsylvania deadline for petitions for independent candidates and the nominees of unqualified parties. The Green Party did not obtain the needed 16,639 signatures, according to this story. The party only has 14,000 signatures on hand.

Pennsylvania, New Hampshire, Alabama, California, and New Mexico will be the five states this year with a complete Democratic-Republican ballot monopoly for all statewide offices. Although the New Hampshire deadline is not until August 6, the Libertarian petition for U.S. Senate in that state will not succeed.

This is the third midterm year in a row in which Pennsylvania voters will not have anyone to vote for, for statewide office, except the Democratic and Republican nominees. The only other states for which this is true are New Mexico and Alabama.

Working Families Party Again Nominates Dan Malloy, Democratic Nominee, for Connecticut Governor

On July 29, the Connecticut Working Families Party nominated incumbent Governor Dan Malloy for the second time. The party has also nominated him in 2010, when he was first elected. So far, the Working Families Party in Connecticut has never failed to nominate the Democratic nominee, in any statewide race. See this story.