South Carolina Supreme Court Will Hear Libertarian Case Over Nominations on April 24

On April 23, the South Carolina Supreme Court agreed to hear South Carolina Libertarian Party v South Carolina State Election Commission, 2014-000775. The hearing will be at 10 a.m. on Thursday, April 24.

The issue is the validity and meaning of SB 2, passed in 2013. It says that if parties want to nominate by convention, they must put that idea to a vote at the party’s primary. The legislature seemed to forget that all of South Carolina’s ballot-qualified parties already nominate by convention. Last year, the South Carolina Libertarian Party had asked the Election Commission to hold a primary for the party in 2014, but the Election Commission said that is too much work. The Attorney General then wrote an opinion saying obviously the 2013 bill was never intended to apply to parties that normally already nominate by convention.

A side issue is whether SB 2 is valid, given that the bill says it won’t go into effect until the U.S. Justice Department pre-clears the bill. A few weeks after the bill was signed into law, the U.S. Supreme Court issued its opinion in Shelby County, Alabama v Holder, knocking out part of the federal Voting Rights Act, so the state then didn’t bother to ask for pre-clearance. However, under the literal language of the bill, the bill isn’t in effect, but the state is enforcing it.

New California Registration Data: The Only Two Parties with Fewer Members are the Democratic and Republican Parties

On April 22, the California Secretary of State released new voter registration data. The new data is as of April 4, 2014; the previous tally was for December 31, 2013. The new figures, compared to the previous tally, show that all five of California’s minor parties have more registrations than they had previously. Also the number of independent voters grew. But the Democratic Party and the Republican Party lost members.

The new figures are: Democratic 7,678,424; Republican 5,041,564; American Independent 472,536; Libertarian 114,656; Green 109,157; Peace & Freedom 77,594; Americans Elect 3,604, other parties 444,020 (this includes people who didn’t check any box); no party preference 3,718,931.

The Dec. 31, 2013 figures are: Democratic 7,695,907; Republican 5,073,380; American Independent 469,648; Libertarian 112,527; Green 108,785; Peace & Freedom 76,268; Americans Elect 3,482; other parties 421,600; no party preference 3,698,660.

There is no data for the Constitution Party or the Veterans Party, the only two unqualified parties that have re-filed to have their registrations tallied. That is because those two groups did not file the paperwork in time to be included in the new tally. But they will be included in the tally that comes out next month.

Incumbent New Mexico Legislator Removed from Primary Ballot Due to Failing to File 78 Valid Signatures

On April 21, a New Mexico state representative was removed from the June 3 primary ballot, because a court determined that her petition lacked the required 78 valid signatures. Sandra Jeff, a Democrat, submitted 91 signatures, but her petition was challenged, and found to include only 68 valid signatures. See this story.

Kentucky Legislature Adjourns Without Having Passed Bill to Let Candidates Run for President and U.S. Senate in Same Year

On April 18, the Kentucky legislature adjourned, without having passed SB 205, which would have let U.S. Senator Rand Paul run for re-election in 2016 even if he is also running for the Republican presidential nomination. See this story.

Kentucky, like most states, holds legislative elections this year. The Senate has a Republican majority and had passed the bill; the House has a Democratic majority and refused to consider the bill. If Republicans were to win a majority in the Kentucky House this year, the bill would probably pass in the next legislative session.

The press consistently fails to mention that Henry Clay was elected to the U.S. House from Kentucky in 1824 even though he was also running for President that year. He carried Kentucky in the electoral college.