California Libertarian City Councilman Enters Special Legislative Election

Jeff Hewitt, a registered Libertarian and a member of the Calimesa, California city council, has filed to run for State Senate, 23rd district, in the special election being held March 25. Two Republicans and two Democrats are also running. Hewitt is the first California Libertarian to run in any California special election in the last three years. The district contains parts of San Bernardino and Riverside Counties.

The special election is needed because the incumbent, Senator Bill Emmerson, resigned recently.

Green and Constitution Parties Inform Fourth Circuit of Recent Favorable Ballot Access Decisions

The Green Party and the Constitution Party are waiting for the 4th circuit to issue an opinion in Pisano v Strach, which was argued in October 2013. On February 4, the two parties informed the court of two favorable ballot access decisions that have been released in other states, since the oral argument. These other decisions are not controlling but they can be influential. One of them was from December 2013, when the New Mexico April petition deadline for newly-qualifying parties was struck down. The other was from January 2014, when the Eleventh Circuit reinstated the Georgia ballot access appeal and said that presidential ballot access is entitled to extra protection (by coincidence, the Georgia case was also filed by the Green and Constitution Parties, and also concerns presidential access).

The North Carolina case concerns whether the May petition deadline for newly-qualifying parties is too early. It also concerns a procedural issue: whether the U.S. District Court should have permitted discovery to reveal evidence that North Carolina doesn’t need a May deadline. For example, in 1988, the North Carolina State Board of Elections voluntarily set that deadline aside and permitted the New Alliance Party to submit its signatures in July, because the Board felt if it didn’t, the New Alliance Party would sue and would probably win a case against the May deadline.

Legislative Hearings Set in Both Houses of Alabama Legislature on Ballot Access

Both houses of the Alabama legislature will hold hearings on the ballot access bills on Wednesday, February 5. The Senate bill, SB 70, will be heard by the Senate Constitution, Campaign Finance, Ethics, and Elections Committee at 2 p.m. in Room 727. The House bill, HB 327, will be heard by the House Constitutions and Elections Committee at 9 a.m. in Room 123.

Montana Concedes that Law Regulating Content of Campaign Literature is Unconstitutional

On February 3, the Montana Attorney General conceded that the election law under attack in the federal lawsuit Monforton v Motl is unconstitutional. The case has a hearing February 7 in U.S. District Court in Missoula. The law says that if a candidate for state office mentions an opponent’s voting record, the campaign literature must include the opponent’s entire voting record on that issue over the last six years. See this story. Thanks to Mike Fellows for the link.