Independent Candidate Files Federal Lawsuit Against New Ohio Law that Sets a One-Year Limit on Petitioning Period

Earlier this year, the Ohio legislature passed SB 47, which, among other things, said that independent candidates must complete their petitions within one year. They can start as early as they wish, but they must finish up no later than one year after they start.

On November 18, Richard Duncan, who was an independent candidate for President in Ohio in both 2008 and 2012, filed a lawsuit against that law. Ohio requires 5,000 valid signatures for a statewide independent. Both times he ran, he collected all his own signatures, so he took several years to complete his petitions. He was the only presidential independent candidate who got on the ballot in Ohio in 2012, so one wonders why the Ohio legislature passed this restriction, which almost seems aimed at Duncan. He got 12,557 votes for president in Ohio in 2012, and he was not on the ballot in any other state. The lawsuit is Duncan v Husted, 2:13cv-1157, southern district. The case was assigned to Judge Algenon Marbley.

Kansas Voters Sue to Overturn Dual Registration System

On November 21, some Kansas voters who used the federal voter registration form to register to vote filed a lawsuit against the new dual registration system. The Kansas Secretary of State recently promulgated regulations that do not permit voters who use the federal form to participate in state and local elections. The lawsuit argues that this violates the Kansas Constitution, and also that the regulations were not promulgated legally. Here is a copy of the complaint. The ACLU is handling the case, which is Belenky v Kobach, 3rd circuit, Topeka.

Mother Jones Article on Virginia Recount for Attorney General

Patrick Caldwell has this article in Mother Jones on the upcoming recount for Virginia Attorney General. The article says that Bush v Gore may influence the proceedings. The article also says that the Sixth Circuit is the only circuit that has used Bush v Gore. Actually, the Ninth Circuit also used it to settle an election dispute in the Northern Mariana Islands, in 2001, in Charfauros v Board of Elections.

Second Independent Candidate Declares for Massachusetts Governor in 2014

Venture capitalist Jeffrey S. McCormick announced last month that he will run for Governor of Massachusetts in 2014 as an independent. See this story. He is backed by Joe Malone, a former Republican who was elected Treasurer of Massachusetts in 1990 and re-elected in 1994. Malone recently left the Republican Party and became an independent.

Evan Falchuk is also running for Governor of Massachusetts outside the two major parties. He has been campaigning since July and he expects to be on the November 2014 ballot as the nominee of his United Independent Party.