U.S. Supreme Court Won’t Hear Case on Whether Jurisdictions Must Count Write-in Votes for Declared Write-in Presidential Candidates

On March 18, the U.S. Supreme Court refused to hear Libertarian Party v District of Columbia Board of Elections, 12-836. The party had complained in 2008 that even though its presidential nominee, Bob Barr, held completed the paperwork to become a declared write-in presidential candidate in D.C. (he was the only presidential candidate who did so), the Board of Elections refused to count his write-ins. Both the U.S. District Court, and the U.S. Court of Appeals, had ruled against the party, saying the government’s interest in saving money and energy was more important than the principle that all voters are entitled to have their valid votes counted.

UPDATE: an attorney for the D.C. Board of Elections wants readers to know that all write-in votes for president are valid, and that if a write-in candidate for President received a plurality, he or she could appoint presidential elector candidates after the election was over. Also the Board says that the vote-counting equipment does not automatically sort out the ballots with write-ins from ballots without them, so in order to count the write-ins, every single ballot would need to be looked at by a human being.

On June 26, 1975, a local District of Columbia court, in Kamins v Board of Elections of D.C., had issued an order, “1. Ordered, that the defendant, the Board of Elections, provide a line on the ballot for President and Vice President of the United States marked write-in candidates. 2. That the defendant, the Board of Elections, count the names of write-in candidates for President of the United States; provided, however, the said write-in candidate has a qualified slate of electors whose names and affidavits have been filed with the Board; 3. That the Defendant promulgate a regulation to provide for one and two above.” The D.C. Board obeyed the part of the order putting write-in space on the ballot, but has never obeyed the part that says the write-ins should be counted. When the Libertarian Party filed a lawsuit in 2008, the lawsuit was filed in the D.C. court system, not the federal system.

But the D.C. Board of Elections had the case removed to the federal court system, and the federal courts seemed to give no consideration to the point that the D.C. courts had already ruled that write-ins for declared presidential candidates must be counted. The evidence in this case showed that presidential write-ins are sometimes substantial. Both Ralph Nader in 2004 and Eugene McCarthy in 1976 received over 10% of their recorded votes from write-ins. The evidence also showed that 42 states have provided official tallies of write-in votes for presidential candidates. If 42 states have managed to count such write-ins, there seems to be no practical reason why D.C. can’t do it, especially since it is easier for D.C. than for states, because election administration in D.C. is completely centralized.

In more U.S. Supreme Court news, the Court did not say whether it will hear James v FEC, 12-683, a case concerning the limit that an individual may donate to all federal candidates, parties, and PACS. Federal law has a limit on how much money an individual may donate to all three of those entities in any two-year period. The individual who filed the case wants to make contributions up to the limit, but she wants her contributions to all go to a great many candidates, and she doesn’t want to donate to any political party or PAC. The lower courts upheld the law that only lets part of her contributions go to candidates.

Republican Party National Chair Favors Moving Republican National Convention from Late August to June or July

On March 17, Republican Party National Chairman Reince Priebus said he favors moving the Republican Party’s presidential convention in 2016 from late August, to either June or July. See here.

Major party presidential conventions usually were in June and July, in the past. As late as 1952, both of them were in July. Between the 1952 and 1956 presidential elections, both major parties worked with state legislatures to change election laws, to make it possible for both conventions to be in August, and they were both in August in 1956, for the first time. In 2008, the Republican Party held its convention in September, the first time in U.S. history any major party had held such a late convention. Thanks to PoliticalWire for the link.

U.S. Supreme Court Argument in Election Law Case on Monday, March 18

On March 18, the U.S. Supreme Court will hear arguments in Arizona v Inter Tribal Council, 12-71. See this analysis of the case, which concerns the 1993 federal “motor voter” law on voter registration. Congress in 1993 passed a law that established a federal voter registration form. Arizona does not wish to accept the federal form unless the individuals who use it provide extra information that the federal form itself doesn’t require.

Also on March 18, the Court will probably say whether or not it will hear these two cases: (1) James v FEC, 12-683, a second challenge to federal campaign laws that limit total giving by an individual in any two-year period; (2) Libertarian Party v D.C. Board of Elections, 12-836, over whether valid write-in votes for a declared write-in presidential candidate must be counted. Chances are dim that the Court will hear that case, because the D.C. Board of Elections (which refuses to count votes for declared write-in presidential candidates) didn’t even bother to file a brief with the U.S. Supreme Court, and usually, if the Court is seriously thinking about accepting a case, it will ask for an opposition brief.