District of Columbia’s Appeals Court Won’t Block Seizure of $56,928 from Ralph Nader’s Bank Account Over Pennsylvania 2004 Challenge

On January 25, 2013, the District of Columbia Court of Appeals denied Ralph Nader’s request for a rehearing in Nader v Serody, 09-cv-906. This means that the individuals who challenged Ralph Nader’s petition in Pennsylvania in 2004 are now free to obtain $56,928 from Nader’s bank account in Washington, D.C. However, the order does not go into effect until April 25, to give Nader an opportunity to ask the U.S. Supreme Court to block the fund seizure. It is possible Nader will indeed ask the U.S. Supreme Court to hear this case.

The District of Columbia Court of Appeals had ruled against Nader in this matter on May 10, 2012, but Nader had asked for a reconsideration, which had been pending for over eight months. The District of Columbia Court of Appeals is analogous to the State Supreme Court of the District of Columbia; it is the highest court in the District’s own court system, and should not be confused with the U.S. Court of Appeals, D.C. Circuit.

Strict Massachusetts Primary Ballot Access Law Threatens Republicans in Special U.S. Senate Election

Republicans who wish to get on the Republican primary ballot for the Massachusetts U.S. Senate special election must obtain 10,000 valid signatures by February 27. According to this story, there is some concern that no Republican will be able to fulfill the task. Of course, the legislature is sitting, and is capable of passing ballot access reform, and making the bill effective immediately. UPDATE: here is an article about the coming blizzard in New England that will make petitioning even more difficult.

Here are the Massachusetts Secretary of State’s instructions for candidates in the special election. The nominees of unqualified parties, and independent candidates, also need 10,000 valid signatures, but not until April 3.

It is conceivable that any candidate running in the primary might file a lawsuit to reduce the number of signatures. The decision of the U.S. District Court in Illinois dated February 1, 2013, called Jones v McGuffage, said that it is unconstitutional to impose the same number of signatures in a special election (with limited time to collect the signatures) than in a regularly-scheduled election. If this were a regularly-scheduled election, primary candidates could obtain their signatures over a three-month period. Thanks to Thomas MacMillan for the link to the news story.

New York City Likely to Consider Using Instant-Runoff Voting in Mayoral Primaries

According to this article, leaders of the New York legislature have expressed opposition to changing the September primary date for non-federal primary elections. Yet the New York City Board of Elections says a September primary for Mayor this year will cause great problems, because there isn’t enough time for a September primary and then a run-off primary.

According to Michael Drucker’s The Independent View, the State Board of Elections is now thinking seriously about using Instant-Runoff Voting for New York city mayoral primaries. The law requires a run-off primary if no one gets at least 40% of the vote in the primary itself.

Indiana Bill to Require Some College Students to Have Lived in Indiana at least One Year Before Registering to Vote

Indiana Representative Peggy Manfield (R-Martinsville) has introduced HB 1311. It would provide that Indiana public university students who paid the out-of-state tuition fee could not register to vote in Indiana.

The bill is an example of how state legislators sometimes introduce bills without researching case law. In 1972 the U.S. Supreme Court ruled in Dunn v Blumstein, 405 U.S. 330, that states cannot require residents to have lived in that state for more than a month before registering to vote. Indiana rules on out-of-state students will not recognize that a student has moved to Indiana until the student has lived in Indiana for a full year. See this story about the bill.

New York Ballot Access Bill

Seven New York Assemblymenbers have introduced A1464, which deletes the requirement that a petition circulator must live in the district of the candidate whose petition is being circulated. This residency requirement for candidates (for both primary petitions and general election petitions) has already been held unconstitutional, so the bill, if passed, would merely update the election code so that it follows existing policy.