D.C. Bill to Hold Attorney General Election in November 2014

On December 3, 2013, Washington, D.C. city councilmember Mary Cheh introduced B20-0602. It would provide for an election for Attorney General for the District of Columbia, to be held November 4, 2014. It would provide that any individual could petition for a place on the general election ballot. The party affiliation of each candidate would be listed on the ballot. Whoever got the most votes would win.

In 2010, the voters passed a Charter Amendment. The language on the 2010 ballot said that starting in 2014, D.C. voters would elect an Attorney General for the District. The entire charter amendment was too long to print on the 2010 ballot, and the full amendment itself does not say that the first election for this office would be 2014, but since the ballot did mention that the election would be in 2014, there has been a controversy about whether the election should be held in 2014.

At first the city government took the position that the first election would be in 2018. Paul Zukerberg, an attorney who wants to run for that office in 2014, then sued to force the first election for this office to be held in 2014. The Cheh bill, if passed, would provide for a 2014 election. But the Cheh bill is also controversial because the charter amendment says the election should be partisan, and because the legal definition of “partisan election” has always been murky, it is not clear that an election with no party nominees, but with party labels on the ballot, is a “partisan election.”

So far, no hearing has been held on the Cheh bill. There is time urgency, because the D.C. primary is on April 1, 2014. The lawsuit filed by Zukerberg in the D.C. superior court may have a hearing soon, but so far no court date has been set. In the meantime, the D.C. Board of Elections permitted Zukerberg to file for the Democratic primary, and listed him on its list of candidates. He is the only Democrat who filed for the Democratic primary for that office. No one filed in the Republican, Statehood Green, or Libertarian primaries for that office. If a court rules in favor of Zukerberg, and says that a 2014 election must be held in which parties nominate candidates, presumably other candidates for Attorney General could run write-in campaigns in the primaries for that office.

Constitution Party Local Official Will Run for U.S. Senate in North Carolina as a Write-in Candidate

David Waddell, the only Constitution Party office-holder in North Carolina, says he will run for U.S. Senate in 2014 in North Carolina as a write-in candidate. He was elected to the Indian Trail city council on November 8, 2011, in a non-partisan election.

He is the first Constitution Party member to run for statewide office in North Carolina, other than presidential elector candidates. The Constitution Party has never been on the ballot in North Carolina because of the ballot access laws.

Waddell has also submitted his resignation from the city council. He garnered publicity by submitting the resignation letter in Klingon. See this story.

Ohio Ballot Access Court Hearing Moved from January 6 to January 9

The U.S. District Court hearing the Ohio ballot access case has moved the hearing date, from January 6, to January 9, at 2:30 p.m., in Columbus. The case is Libertarian Party of Ohio v Husted. The issue is whether the state can implement the new ballot access barriers for the 2014 election. They were passed in November 2013. Generally when states create new ballot access barriers that close to an election, the state delays the implementation.

Texas Democrats Won’t Run for Three of the Partisan Statewide Offices, Making it Easy for Libertarians and Greens to Meet Vote Test in 2014

Texas has four ballot-qualified parties: Republican, Democratic, Libertarian, Green. Parties remain on the ballot by either polling 2% for Governor, or 5% for any statewide race. In 2014, there are three statewide partisan races in which no Democrat is running. This makes it virtually certain that both the Libertarian Party and the Green Party will poll over 5% for those races, and thus will be on the ballot in 2016.

The three statewide offices with no Democratic candidates this year are State Supreme Court seat 8; Court of Criminal Appeals seat 4; and Court of Criminal Appeals seat 9.

On another Texas topic, January 2, 2014, was the deadline for any unqualified party to tell the state if it intends to petition in 2014. The Texas Secretary of State’s office says the information as to whether any unqualified party filed that notice by the deadline won’t be known until Monday, January 6.

Filing Closes for 2014 District of Columbia Primaries; Democrats and Libertarians are Only Parties with Candidates for City Council District Candidates

On January 2, filing closed for the District of Columbia’s April 1 primary. The District has four ballot-qualified parties, all of whom nominate by primary. There are four city council seats up in 2014 from particular districts. The only parties that have candidates for any of the district seats are the Democratic Party and the Libertarian Party. Although members of the Republican and Statehood Green Party have candidates for the at-large seat, they have none for any of the district seats.

The D.C. Board of Elections web page lists the primary candidates here. See the list of candidates on the right, near the top.

It is always possible that write-in candidates in the primaries will win a party nomination.