Congressman John Conyers Probably Will File a Lawsuit to get on Democratic Primary Ballot

Michigan election officials are likely to keep Congressman John Conyers off the August 5 primary ballot, unless he files and wins a lawsuit. See this story, which explains that Michigan law requires circulators for primary candidates to be registered voters. It appears some of Conyers’ circulators weren’t registered voters when they circulated his petition. He needed 1,000 signatures, and he has fewer than 1,000 if the petitions circulated by the apparently unregistered voters are excluded.

As the story says, in 1999 the U.S. Supreme Court ruled in Buckley v American Constitutional Law Foundation that states cannot require petitioners to be registered voters. Although that case involved initiative petitions, lower courts since 1999 have unanimously ruled that the principle applies to all types of petitions.

In 2009, a U.S. District Court in Michigan ruled, “Overall, the Court finds that the distinctions between the various kinds of petition circulators are not of great significance to the analysis of the burdens posed by registration and residency requirements.” That case struck down a requirement that recall petition circulators must be registered voters. Ironically, in that case, the state of Michigan argued that while a residency requirement and a registration requirement for circulators of candidate petitions is a severe burden, the requirement as applied to recall petitioners is not severe. The Court rejected the state’s argument. That decision is Bogaert v Land, western district, 1:08-cv-687, issued December 17, 2009.

So far, Michigan officials are saying that whereas residency requirements for circulators of independent candidate petitions are unconstitutional, residency requirements for circulators of primary candidates are constitutional. There is no case law to support that conclusion. This year, courts in Pennsylvania and New Jersey have ruled that the principle of Buckley v ACLF applies just as much to primary petitions as to other petitions. Those cases are Villa v Aichele, eastern district of Pennsylvania, 13-6374; and Empower our Neighborhoods v Guadagno, New Jersey Superior Court, Mercer County L-3148-11. Also, in 2000, the Second Circuit struck down a New York residency requirement for circulators involving primary petitions (Lerman v Board of Elections, 232 F 3d 135).

It is true that courts have upheld requirements that primary petition circulators must be members of the same party, but that is not an issue in Michigan. Conyers’ circulators are Democrats, and furthermore Michigan doesn’t have registration by party and there is no formal way for the state to know who is a member of any particular party. Michigan voters choose a primary ballot in the secrecy of the voting booth, except for presidential primaries. Thanks to Thomas Jones for the link. UPDATE: see this story, which says a lawsuit is already pending, although it was filed by Robert Davis, rather than Conyers himself. Conyers may intervene in the case.

Young Americans for Liberty Sues University of Georgia Over Limits on First Amendment Activity, Including Petitioning, on Campus

On May 1, Young Americans for Liberty sued various officials of the University of Georgia at Athens, over the campus restrictions on First Amendment activity on campus. University rules say free speech activity, including petitioning, must be confined to two tiny areas on campus that include only one-tenth of 1% of the square area of the campus.

Other areas of the campus may be used, but only if students request a permit at least 48 hours in advance. Even in the two small “free expression areas”, permission must be obtained. The case is Young Americans for Liberty at the University of Georgia v Morehead, U.S. District Court, middle district, 3:14cv-39. The University is public, not private. Here is the Complaint. Page 12 says the group would like to circulate petitions, among other activities.

Democratic Party Choice for U.S. House in Florida’s 13th District is a Registered Independent

The Democratic Party National Congressional Campaign Committee is backing Ed Jany for Florida’s U.S. House district 13 this year, even though he is a registered independent. See this story.

Jany would like to be a Democrat, but Florida law does not permit anyone to run in a primary if he or she has been a registered member of another party during the proceeding year. Jany had been a registered Republican for part of that period.

The Democratic Party statements criticize the Florida law, which was passed in 2011. But the Democratic Party does not reveal that it had a chance to overturn that law, as applied to Democratic candidates, and it refused to help. Nancy Argenziano had run for the legislature in 2012. Like Jany, she wanted to run as a Democrat, but the same law interfered with her as well. She filed a lawsuit against the restriction, but lost. Her attorney asked the Democratic Party of Florida to enter the lawsuit as a co-plaintiff, but the party refused. If the party had entered the lawsuit, Argenziano would probably have won. The U.S. Supreme Court said in Tashjian v Republican Party of Connecticut in 1986 that the First Amendment permits a political party to nominate a non-member, if it wishes. A federal court in New Mexico and a state court in Colorado have both struck down laws similar to the Florida law, in cases in which a political party itself brought the lawsuit. Thanks to Austin Cassidy for the link.

Eleventh Circuit Denies Georgia’s Request for Delay of Trial in Ballot Access Case

On April 25, the Eleventh Circuit denied Georgia’s request that the trial in Green Party of Georgia v State be put on hold. On April 4, the state had asked the Eleventh Circuit to suspend the case so the state would have time to ask for U.S. Supreme Court review, but that request has now been denied.

Georgia has now lost three times in the Eleventh Circuit. First, the Eleventh Circuit remanded the case for a trial; that happened on January 26. Then the state asked for rehearing, and that was denied on March 26.

The issue in the case is whether Georgia ballot access for presidential candidates is too difficult. No one has complied with the petition for President since 2000. Georgia and Indiana are the only two states with petition procedures so difficult that they haven’t been used in any of the last three presidential elections. Georgia requires approximately 50,000 valid signatures, and each petition sheet must be notarized. Thanks to Mike Raffauf for the latest news.