Cal Zastrow, Former Constitution Party National Field Director, Wins Lawsuit Against Montana

Posted on by October 4, 2012
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On October 2, Calvin Zastrow won his case against Montana over two issues that arose when he was arrested earlier in the year while petitioning for an initiative. He had been collecting signatures on public property at a Billings sports complex called MetraPark. He was charged with trespassing. Zastrow then filed a federal lawsuit, charging the arrest was illegal. He also attacked a 99-year-old Montana state law that bans ministers, priests, preachers, or other church officers from urging, persuading, or commanding any voter “to vote or refrain from voting for or against any candidate, political party ticket, or ballot issue.”

Even though Zastrow had not been charged with breaking this law, the Court found he had standing to challenge it. The state settled the case by admitting that the ban on speech by officers of a church is unconstitutional, and also by admitting that Zastrow had a right to be petitioning at MetraPark. See this story. The lawsuit is Zastrow v Bullock, 1:12-cv-18.

Zastrow is a past state chair of the Michigan Constitution Party and a past national field officer for the party. The initiative he was working for relates to abortion. Thanks to Rick Hasen for the link.

U.S. District Court Strikes Down Montana Contribution Limits for State Office

Posted on by October 3, 2012
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On October 3, U.S. District Court Judge Charles Lovell enjoined Montana’s contribution limits for state office, which are $130 for legislature, and $500 for Governor/Lieutenant Governor. Here is the brief five-page order, which does not explain the judge’s reasoning; that will come later. However, it is clear that the basis is that the limits are too low. The case is Lair v Murry, cv 12-12. The decision also enjoins the limits on how much political parties may give to their own nominees. Thanks to Rick Hasen for this news.

Missouri U.S. Senate Poll Asks About All Three Candidates

Posted on by October 3, 2012
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On October 3, Public Policy Polling released a poll for the U.S. Senate race in Missouri. The results: Democratic incumbent Claire McCasill 46%, Republican Todd Akin 40%, Libertarian Jonathan Dine 9%, undecided 5%.

In the entire history of U.S. Senate elections in Missouri, no candidate other than the Democratic or Republican nominee has ever polled as much as 5%. Missouri, and the nation, have been holding popular general elections for U.S. Senate starting in 1914. Thanks to PoliticalWire for the link.

Rocky Anderson Asks D.C. Board of Elections to Count his Write-in Votes

Posted on by October 3, 2012
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Rocky Anderson, the Justice Party presidential candidate, filed last month as a declared write-in presidential candidate in the District of Columbia. On October 1, he asked the D.C. Board of Elections to tally his write-ins. His letter explains that Title 3, section 6, of the U.S. code requires jurisdictions with presidential electors to tell the National Archivist the exact number of votes received by each qualified candidate for presidential elector.

In 2008, Libertarian nominee Bob Barr was the only presidential candidate who filed for write-in status in D.C. The D.C. Board did not tally his write-ins. The Libertarian Party sued, but lost. However, the lawsuit did not mention the national law about tallying votes for presidential electors, because when the Libertarian case was filed, the party didn’t know about this law.

As far as is known, Anderson is the only declared write-in presidential candidate to have filed in D.C. as a write-in. However, the deadline is not until near the end of October. It isn’t easy to file for declared write-in status in D.C., because the candidate must certify the names of three presidential elector candidates who have lived in D.C. for the last three years. Candidates on the ballot in D.C. this year, besides the two major party nominees, are Gary Johnson and Jill Stein.

Pennsylvania Libertarian Petition Challenge Process Likely to Extend Into this Coming Weekend

Posted on by October 3, 2012
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The Pennsylvania statewide Libertarian challenge process still isn’t finished. It had been thought that it would be finished by Friday, October 5, but now it appears it can’t finish that fast, and the work will continue into the weekend. The process involves one volunteer from the Libertarian Party forces, and one volunteer for the Republican challengers, examining each signature and seeing if they can agree that the signature either is, or isn’t, valid.

Meanwhile the Pennsylvania Supreme Court has received briefs on the issue of whether certain kinds of signatures are valid. The Commonwealth Court had upheld signatures of voters who moved within the county and hadn’t yet updated their voter registration record, but the same court had invalidated signatures when the signer forgot, or didn’t know, to include “2012” in the date column. The petition form at the bottom says, “Revised Jan. 2012.” Both sides appealed to the State Supreme Court on the issue on which that side had lost.

Even if the State Supreme Court rules against the Libertarian Party on both points, the party may have enough valid signatures regardless. The petition is now only short a few hundred signatures from having enough valid signatures, even without the need to win anything at all in the State Supreme Court, and a few thousand remain to be examined. Thanks to Richard Schwarz for this news.