New Hampshire Candidate Filing Closes

Although independent candidates, and the nominees of unqualified parties, need not submit New Hampshire petitions until August 6, they are required to file a Declaration of Candidacy by June 13.

The only petitioning candidates who filed for Congress this year are Libertarians Gardner Goldsmith for U.S. Senate, and Brian Chabot for U.S. House, 2nd district. The only petitioning candidate who filed for Governor is John D. Shea, an independent who was formerly a Democratic member of the Executive Council.

Sixteen petitioning candidates filed for State House. At least two of them are Libertarians; probably most of the remainder are independents. The Declaration of Candidacy form does not ask for party label; the candidates indicate that when they file their petitions.

Ninth Circuit Invalidates California Law Requiring Names of Initiative Proponents to be Listed on Each Petition Sheet

On June 16, the Ninth Circuit invalidated California laws that require the individual proponents of an initiative to be listed on each petition sheet. Chula Vista Citizens v Norris, 12-55726. However, the decision upholds the law that says that only individuals, not groups, may sponsor initiatives. Technically the decision only relates to city initiatives, but the constitutional principles in the decision would apply to any type of initiative.

Here is the decision
, which was 2-1. The purpose of the initiative was to repeal a city ordinance that limited contractors with the city to those who used only used unionized labor. The decision says that because initiative proponents must reveal their identifies when they file the notice that they are starting to circulate the initiative (to the City Clerk, and in a newspaper of general circulation), there is no government need to have the proponents also named on each petition sheet. The principles behind the decision are supportive of the Ohio Libertarian Party argument in Libertarian Party of Ohio v Husted; in that case Ohio requires the employer of the petitioners on each petition sheet. The Ohio case is still pending, even though the courts have refused injunctive relief to the Ohio Libertarian candidates.

Three-Candidate Poll for New York Gubernatorial Election

On June 16, Siena Polls released a New York gubernatorial election poll. The results: Democratic Andrew Cuomo 57%, Republican Rob Astorino 21%, Green Howie Hawkins 4%, someone else 1%, won’t vote 6%, don’t know 10%. See the details here; see question 25.

The petition deadline for nominees of unqualified parties, and independent candidates, is August 5. The Libertarian Party is expected to petition, and perhaps others will also. Thanks to Political Wire for the link.

U.S. Supreme Court Issues Opinion in Case on Ohio’s Law that Criminalizes False Campaign Speech

On June 16, the U.S. Supreme Court issued a unanimous opinion in Susan B. Anthony List v Driehaus, on Ohio’s law making it a crime to make a knowingly false statement about a candidate or a ballot measure. See this analysis by Election Law Professor Rick Hasen about the decision. The lower courts had refused to decide the constitutionality of the law, but the U.S. Supreme Court sent the case back to the lower courts, and said they should have adjudicated the case.