New Jersey Independent Congressional Candidate Ballot Access Lawsuit Update

Edward Forchion, also known as N.J. Weedman, is suing to get on the November ballot as an independent candidate for U.S. House in New Jersey’s Third U.S. House district. According to this story, the Superior Court has ruled that it has no jurisdiction, and that the case can only be settled in the State Appellate Court.

Forchion submitted 200 signatures, and needs 100 valid. The local Democratic Party challenged his petition, and the result was that he was told he only has 99 valid signatures. Forchion makes two points in his lawsuit: (1) the challenge to his petition was filed six days after the petition deadline, whereas the law says plainly that challenges are due four days after the deadline; (2) election officials provided incorrect maps of the district, and if the maps he were given had been correct, he would have enough valid signatures. If he gets on the ballot, his ballot label will be “Legalize Marijuana.”

Montana Republican Party State Convention Votes to Work for a Closed Republican Primary

On June 21, delegates to the Montana Republican Party state convention endorsed the idea that the party should work to close its primaries. Montana has always had open primaries. See this story. The party also endorsed run-offs for general elections, when no one gets 50% in November. Thanks to Rick Hasen for the link.

Senator Rand Paul Will Introduce a Bill to Permit Some Ex-Felons in All States to Vote in Federal Elections

According to this Politico article, Senator Rand Paul is about to introduce a bill to permit ex-felons who had been convicted of non-violent crimes to register to vote in all states. However, the bill will only apply to federal elections, because the U.S. Constitution says states can set voting qualifications for state and local elections.

There have been similar bills in many sessions of Congress in the past, but they never pass. This bill might have a better chance than any previous bill, because it has the potential to gain support from Republican members of Congress as well as Democratic members. Thanks to AroundtheCapitol for the link.

Florida Libertarian Party Will Challenge 2011 Law That Restricts Whom a Party May Nominate

In 2011, the Florida legislature made it illegal for anyone to seek the nomination of a qualified party if the candidate had been a member of another party in the preceding year. The Florida Libertarian Party has decided to challenge this law.

The basis for this challenge will be the U.S. Supreme Court decision Tashjian v Republican Party of Connecticut. In that 1986 case, the U.S. Supreme Court said that it would violate Freedom of Association for a state government to tell a party that it can’t nominate a non-member. Since then, the Colorado Democratic Party, and the New Mexico Green and Libertarian Parties, have won lawsuits against laws that are similar to the Florida law. Thanks to Bill Wohlsifer for this news.