Procedural Victory in Alabama Ballot Access Case Involving Special Elections

On March 3, U.S. District Court Judge Mark E. Fuller ruled that the lawsuit Hall v Bennett is not moot. Hall v Bennett is the case involving special elections in Alabama. The plaintiff, an independent candidate for U.S. House in Alabama’s First District last year, had argued that because the petitioning period for special elections is so much shorter than for regular elections, the state should either reduce the number of signatures below 6,000, or else at least allow more time for petitioning.

Last year the plaintiff, James Hall, did not win injunctive relief, so he was kept off the ballot in the December 2013 special election. But he still hoped to win declaratory relief after the election was over, to help independent and minor party candidates in future special elections in Alabama. The state argued that the case should be dismissed, but the March 3 fourteen-page decision says the case is not moot, and will proceed to a decision on declaratory judgment. The court set a status conference for March 12.

Alabama has lots of special elections for state legislative vacancies, and if Hall wins declaratory relief, that will help candidates in future special legislative elections as well as future U.S. House elections in Alabama.

Pennsylvania Democratic Gubernatorial Candidate John Hanger Supports Easing Ballot Access

According to this story, Pennsylvania Democratic gubernatorial candidate John Hanger said at a Progressive Forum on February 28 that he supports ballot access reform. Unfortunately, the other five Democratic gubernatorial candidates do not support it.

Pennsylvania easily has the nation’s worst law, on the question of which parties are automatically on the November ballot. The median law of the 50 states says a party’s nominees are automatically on the general election ballot if that party polled 2% of the statewide vote in a previous election. But in Pennsylvania, a party is not ballot-qualified unless it has registration membership of 15% of the state total (over 1,000,000 registered members). This law is so extreme, if the same law existed in Idaho or Utah, the Democratic Party would not be ballot-qualified. If that law existed in Massachusetts, Rhode Island, or the District of Columbia, the Republican Party would not be ballot-qualified.

The existing law on how a party remains on the ballot would be eased if SB 195 were to pass. Before 1986, Pennsylvania had an easy standard for a party to be ballot-qualified. For years between 1893 and 1986, a party was ballot-qualified if one of its statewide nominees in the previous election had polled a number of votes equal to 2% of the highest vote-getter’s vote. But in 1986 that easy standard was changed to 15% registration. Thanks to Randy LoBasso for the link.

New North Carolina Voter Registration Data

North Carolina State Board of Elections has released a new voter registration tally. The percentages for each party are: Democratic 42.46%; Republican 30.62%; Libertarian .36%; independent and other 26.56%.

The November 2012 percentages had been: Democratic 43.17%; Republican 30.86%; Libertarian .29%; independent and other 25.67%. Thanks to Ray Ubinger for the new data. The State Board’s new figures are at this link. Scroll down to the “registration statistics” box.

Federal Election Commission Again Postpones Response in Free Speech v FEC

The Federal Election Commission has now obtained a second postponement of its response in Free Speech v Federal Election Commission, 13-772, which is pending in the U.S. Supreme Court. Originally the FEC’s response was due February 3; then it was put over until March 5; and now it is due April 4. Here is an earlier blog post about that case.

Probably the FEC attorneys find it difficult to respond, not knowing what the U.S. Supreme Court will be saying soon in McCutcheon v FEC, which was argued back on October 8, 2013, and which still doesn’t have a decision. Both cases concern campaign finance. The Court has not yet accepted Free Speech v FEC, and the government’s response, when it is filed, will undoubtedly argue that the case should be rejected.

Pennsylvania Third Circuit Ballot Access Hearing Postponed Two Days Due to Bad Weather

The Pennsylvania minor party ballot access case Constitution Party v Aichele had been set for oral argument in Philadelphia on March 4, but the hearing has been postponed to March 6, Thursday, at 9:30 a.m., due to weather. The issue is the state’s unique system of putting petitioning groups at risk of court costs of up to $110,000 if they submit a petition that lacks enough valid signatures.