New York Independent Candidate for U.S. House Wins Ballot Access Lawsuit

Posted on by September 24, 2014
Reply

On September 20, independent candidate Scott Smith won his ballot access lawsuit, and he has now been restored to the November ballot as a candidate for U.S. House, 18th district. His ballot label is “Mr. Smith for Congress.” He is the only candidate on the ballot, other than the nominees of the Democratic and Republican Parties.

He submitted 5,000 signatures; 3,500 are needed. His petition was challenged by individuals associated with the Republican Party. The challenge was based on the fact that one of his circulators used a different postal address (when he signed the bottom of the petition sheets) than the address at which he is registered to vote. The trial court, the Supreme Court in Orange County, ruled that was no reason to invalidate those petitions. The same issue had surfaced in the recent Illinois Libertarian challenge. The New York case is Smith v Blanchette, 6925-2014. Another number associated with the case is 15918-2014. UPDATE: see this story.

New York State Court Says Petitions that Pre-Print the Name of the Town or City of the Signer Are Allowed

Posted on by September 24, 2014
Reply

On August 21, the New York State Supreme Court, Appellate Division, in Albany, agreed with the lower court, and validated a petition for a Democratic candidate for State Senate. The petition had been challenged on the basis that the candidate had pre-printed the name of a particular town on many sheets. Obviously she and her circulators only intended to use such petitions in that particular town. The Court says nothing in the election law prohibits such a practice. Collins v New York State Board of Elections, 519457. Here is the 4-page opinion. Thanks to Bill Van Allen for the link.

Nebraska Republican Party Allowed to Substitute New Lieutenant Governor Candidate After the September 1 Deadline

Posted on by September 23, 2014
Reply

Nebraska election law does not permit qualified parties to substitute new nominees past September 1. However, on September 17, a state trial court refused to prevent the Republican Party from adding a new Lieutenant Governor running mate to the November ballot. See this story. The original nominee resigned as Lieutenant Governor on September 9 and did not desire to run for a new term. The new nominee was named on September 15. The case is State ex rel Elworth v Gale, Lancaster Co., C114-3204. Here is the two-page court order.

Pete Peterson, the Republican Running for California Secretary of State, Favors Restoring Write-ins to General Election

Posted on by September 23, 2014
2

On September 11, the two candidates for California Secretary of State spoke at a forum sponsored by the Public Policy Institute of California (PPIC). The forum lasted one hour and nine minutes and can be viewed at this link. Pete Peterson, the Republican, says at the one hour and four minute mark that he favors restoring write-in space to the general election ballot, which the legislature removed in 2012. The other candidate, State Senator Alex Padilla, apparently does not favor making any changes to the top-two system, according to his remarks at the one hour and five minute mark.

California and Louisiana are the only states that ever had write-in space on government-printed general election ballots and then removed it. Senator Padilla says he is in favor of greater participation and voting rights.