Rasmussen Poll for Florida Gubernatorial Race

On April 24, Rasmussen released results of its Florida gubernatorial poll. Respondents were asked, “Suppose you had a choice between Republican Rick Scott and Democrat Charlie Crist. If the election were held today, would you vote for Republican Rick Scott or Democrat Charlie Crist?”

Even though respondents were thus discouraged from expressing support for any other candidate, the results are: Crist 45%, Scott 39%, “someone else” 6%, undecided 10%. Adrian Wyllie, a Libertarian, has been campaigning for Governor, and one wonders what the results would have been if the poll had mentioned him. Thanks to PoliticalWire for this news.

U.S. Supreme Court Opinion in McCutcheon v FEC Has Language That Could Help Win Ballot Access Lawsuits

The U.S. Supreme Court ruling McCutcheon v Federal Election Commission, issued April 2, 2014, has language that could potentially be cited by plaintiffs in constitutional ballot access lawsuits. The opinion says, “There is no right more basic in our democracy than the right to participate in electing our political leaders. Citizens can exercise that right in a variety of ways: They can run for office themselves, vote, urge others to vote for a particular candidate, volunteer to work on a campaign, and contribute to a candidate’s campaign.”

Here is a blog post by election law expert Bob Bauer, from his blog MoreSoftMoneyHardLaw.com, which talks about the implications of that paragraph. Thanks to Rick Hasen for the link.

Mark Fisher Wins Procedural Victory in His Republican Party Primary Ballot Access Lawsuit

On April 23, Mark Fisher won a procedural ruling in his lawsuit against the Massachusetts Republican Party. There will be a trial on June 18. The party had tried to get the case dismissed without the need for a trial.

Massachusetts Republican Party rules say a candidate needs 15% support at the state convention, or he or she cannot petition for a place on the primary ballot. Nothing in state law authorizes the 15% rule, but both federal and state courts in Massachusetts have ruled that if parties want to place additional hurdles to their own primary ballot, they may do so.

The lawsuit involves a dispute as to whether Fisher got 15% support at the March Republican state convention. He does have 15.15% if blank ballots are not included, but only 14.785% if they are included. Roberts Rules of Order say blank ballots should not be counted, and the party rules say that Roberts Rules of Order should apply. See this story for more details. It seems conceivable that the party might wish to give in before the trial starts. Even if Fisher wins the lawsuit, he still needs 10,000 signatures of registered Republicans and/or registered independents. Presumably he is already working on that petition, because the signatures are due May 6.

U.S. Supreme Court Sets Conference Date for Wyoming Campaign Finance Case

The U.S. Supreme Court will consider whether to hear Free Speech v Federal Election Commission, 13-772, on May 15. This Wyoming case was filed by three individuals who wanted to pool their money to run some ads commenting on various candidates and issues, but who do not want to form a PAC, because the paperwork requirements are so daunting. The individuals are willing to make full disclosure of their spending.

Free Speech filed its cert petition on December 30, 2013. The case has taken longer than usual to get a conference date because the FEC twice asked for an extension of time in which to file its response.

South Carolina Supreme Court Will Rule by April 25 in Libertarian Party Nominations Case

On April 24, the South Carolina Supreme Court heard oral arguments in South Carolina Libertarian Party v South Carolina Election Commission, 2014-775. The Court indicated it will issue an opinion by the close of business April 25 (Friday).

By their questions and comments, the Justices seemed to signal that they believe the South Carolina Election Commission had no authority to tell the Libertarian Party that it may not have a primary this year. UPDATE: see this AP story about the hearing.