North Dakota Voter Sues to Overturn Ban on Speech About Candidates on Election Day

On October 16, a North Dakota voter sued the Secretary of State to overturn a North Dakota law that makes it a crime “to ask, solicit, or in any manner try to induce or persuade any voter on an election to vote or refrain from voting for any candidate or the candidates or ticket of any political party or any measure submitted to the people.” The law is found in the election law at 16.1-10-06. The law exempts bumper stickers and billboards.

There is no doubt that this lawsuit will prevail. The U.S. Supreme Court in 1966 struck down an Alabama law that made it illegal for a newspaper to run an editorial supporting or opposing any candidate on election day. The lawsuit is Emineth v Jaeger, 1:12-cv-139. It is assigned to U.S. District Court Judge Daniel Hovland. Thanks to the Center for Competitive Politics for this news. Here is the complaint.

Florida Green Party Legislative Nominee Endorsed by AFL-CIO and Local Democratic Party

Only two candidates are on the ballot for Florida State House, district 12, in Jacksonville: Republican incumbent Lake Ray and Green Party nominee Karen Morian. Morian has been endorsed by the Florida AFL-CIO, Duval Democrats, Jacksonville Young Democrats, Florida NOW, and other influential groups. Here is a link to the Florida Times-Union (Jacksonville’s daily newspaper) web page that has information about both candidates.

Chester County, South Carolina, Printed Some Absentee Ballots and Omitted All Presidential Nominees Except Two

A Libertarian voter in Chester County, South Carolina, received this absentee ballot, which only lists President Obama and Mitt Romney for President. The voter complained and was told there wasn’t room for any other candidates. Now the county says it only printed one such ballot and all the others include all the legally-qualified candidates. However, neither the county nor the State Board of Elections will talk about how such a faulty ballot came to be printed.

Georgia Ballot Access Case Reconsideration Request is Still Pending, After Three Months

On July 17, U.S. District Court Judge Richard W. Story dismissed the lawsuit Green Party of Georgia v Kemp, before the state had even filed its Answer to the Complaint. The Green and Constitution Parties immediately filed for reconsideration, but three months later, that request for reconsideration is still pending. It is unusual for requests for reconsideration to be pending more than a month or so. The case challenges the Georgia procedures for minor party and independent presidential candidates to get on the ballot.

Judge Story had dismissed the case without seeming to even notice that the precedents he relied on do not pertain to presidential candidates. Both the U.S. Supreme Court (in Anderson v Celebrezze) and the 11th circuit (in Bergland v Harris) had previously ruled that ballot access for presidential candidates involves a different set of standards.