North Dakota Supreme Court Won’t Put Medical Marijuana Initiative on Ballot; Court Will Explain Why at a Later Date

On September 19, the North Dakota Supreme Court refused to put this year’s medical marijuana initiative on the ballot. The Court said it would explain its reasoning later. The case is Zaiser v Jaeger, 20120346.

This year, North Dakota statewide initiatives needed 13,452 valid signatures. Proponents submitted over 20,000 signatures, but the Secretary of State determined that many of the signatures were forged, so he invalidated the measure without determining exactly how many signatures are valid and how many are forged. Proponents of the initiative asked the Court to declare that an initiative can’t be invalidated without a determination of how many signatures are valid, but they did not prevail. When the Court issues its opinion, it is possible it will not decide the issue and will perhaps merely say that the lawsuit had been filed too late. Some ballots had already been printed.

Maine, Montana, North Dakota, South Dakota, Alaska, and California are the only states that still ban out-of-state circulators for statewide initiatives, and the Alaska, California and Montana restrictions cannot be enforced because the Ninth Circuit already ruled that out-of-state circulators cannot be banned. The District of Columbia also bans them. Probably if North Dakota did not ban out-of-state circulators, there would have been no petition fraud. Proponents of the North Dakota medical marijuana initiative hired eight members of the University of North Dakota football team, and they have been charged with forgery. If proponents had been able to hire out-of-state circulators, chances are high they would have hired honest, talented professionals and the initiative would now be on the ballot.

Maryland Democrats Official Endorse Write-in Candidate for U.S. House, First District

On September 17, Maryland Democrats formally endorsed John J. LaFerla for U.S. House, First District. On September 20, he filed as a declared write-in. The Democratic nominee whose name is printed on the ballot, Wendy Rosen, tried to withdraw from the race after it was revealed that she had voted in both Florida and Maryland during 2006 and also in the 2008 primaries. However, she was too late to remove her name from the ballot.

Therefore, the ballot will show the names of the Republican nominee (incumbent Andy Harris), the Democratic nominee who is no longer campaigning, and the Libertarian nominee, Muir Boda; and there will be a strong write-in candidate. LaFerla had lost the Democratic primary this year for the First District seat by a vote of 10,907 to Rosen and 10,850 for LaFerla.

This incident shows that Maryland is wise not to ban “sore losers” from at least being write-in candidates in the general election. Thanks to Doug McNiel for the news. If this had happened in California, with the same timing, Democratic voters would have been effectively disenfranchised, since California’s top-two system eliminated write-in space on the November ballot for Congress and partisan state office.

South Carolina has a Legislative Race with Only an Independent and a Libertarian on the Ballot

The South Carolina ballot will contain only two candidates for State House, 26th district. They are Raye Felder, who is on the ballot as an independent, and Jeremy C. Walters, Libertarian. Felder is actually a Republican, but she was eliminated from the Republican primary ballot because she didn’t file copies of her campaign finance papers both electronically and on paper by the March deadline. Over 100 candidates for state and local office in South Carolina made the same legal error.

In South Carolina, independent candidates are on the ballot as “by petition” instead of “independent.” Here is Walters’ campaign web page; here is Felder’s campaign web page. The district is new and is centered on Fort Mill, which is a suburb of Charlotte, North Carolina. Walters got some publicity last month when he appeared at a joint campaign appearance with Libertarian presidential nominee Gary Johnson.

The old district 26 was in a different part of the state, so the incumbent, Eric Bikas, a Republican, didn’t run for re-election in any district. Bikas is age 26 and several months ago was told to leave the legislature because he appeared on the House floor without a coat and tie. See this story.

Arkansas Can’t Print Ballots Because State Supreme Court Still Hasn’t Decided Whether to Leave Medical Marijuana Initiative on Ballot

The Arkansas Supreme Court still hasn’t released its opinion on whether the statewide medical marijuana initiative should remain on the ballot. See this story from six days ago, which says that the Court said it would rule on the briefs, without benefit of any oral argument.

Other states that still can’t finalize their ballots include Colorado, Connecticut, Missouri, and Pennsylvania. In Colorado, a U.S. District Court will hear arguments on September 21 on whether bar codes should be on ballots. The Connecticut Supreme Court still hasn’t decided which party should be listed first on the ballot.