U.S. District Court Judge Finds New York City Board of Elections is Liable for Violation of Federal Laws Protecting the Disabled

On August 8, U.S. District Court Judge Deborah A. Batts, a Clinton appointee,, granted summary judgment to two groups that represent disabled individuals, in their claim that the New York City Board of Elections is liable for violating federal laws that protect access to the polls for disabled persons. The case is United Spinal Association v Board of Elections in the City of New York, southern district, 10-cv-5653.

The 31-page decision is filled with examples of specific polling places in recent past elections at which wheelchair access was virtually impossible. The Board defended itself by saying it has a policy of re-assigning disabled voters to other nearby polling places, but the Court found that the Board had put the burden on the disabled individual to find appropriate alternative polling places, and that it is the Board that should be responsible for finding such alternate polling places. See this story.

Yet Another Lawsuit is Filed in South Carolina to Remove a Candidate who Allegedly Didn’t File Campaign Finance Documents in March

See this story. Yet another lawsuit has been filed to remove a candidate in South Carolina from the general election ballot. One wonders if private detectives have been at work in South Carolina, searching for candidates who didn’t file the needed campaign finance forms back in March, yet who hadn’t yet been caught. Thanks to Eugene Platt for the link.

Wisconsin Invalidates Socialist Equality Presidential Petition Because of Presidential Elector Candidate Residency

The Socialist Equality Party turned in 3,200 signatures to place its presidential nominee, Jerry White, on the ballot. The state requires 2,000. However, the state disqualified the petition because the state says one presidential elector candidate needs to live in each U.S. House district. However, in 2004, the State Supreme Court ruled in favor of Ralph Nader, and said there is no need for a residency requirement for presidential elector candidates, other than that they live in Wisconsin. That case was Nader v Dane County Circuit Court. The Socialist Equality Party will bring this to the attention of the election officials.

Republicans Challenge Pennsylvania Petitions of Libertarian and Constitution Parties

On August 8, two attorneys working for various Republican Party officials filed challenges to the validity of the Libertarian Party statewide petition and the Constitution Party statewide petition. No challenge was filed against the statewide Green Party petition.

Fortunately, also on August 8, Oliver Hall filed a request for injunctive relief in federal court against the Pennsylvania challenge system. That case, which was filed on May 17, 2012, is called Constitution Party v Aichele, eastern district, 5:12-cv-2726. Here is the filing. Here are the exhibits that accompany that filing. Oliver Hall is the attorney for the Constitution, Green, and Libertarian Parties in that case. A previous case filed in 2009 had resulted in a decision that the plaintiffs lack standing. In this instance, it appears logically impossible that anyone could think the Libertarian Party, or the Constitution Party, now lack standing. Without relief from the federal court, the Libertarian and Constitution Parties are placed in the dilemma of either withdrawing their petitions, or risking a judgment that court costs of perhaps $100,000 or more are owed to the challengers.

One of the attorneys who filed the challenge to the Libertarian and Constitution Parties is the same attorney who challenged the minor party statewide petitions in 2010, and who warned the parties that court costs might be as high as $110,000. In 2010 all the statewide minor party petitions were then withdrawn and no one ever determined whether they had enough valid signatures or not.

Lower Florida State Court Keeps Three State Supreme Court Justices on Ballot

On August 8, a Leon County, Florida, circuit court rejected a lawsuit that had been filed to keep three State Supreme Court Justices off the retention ballot. In Florida, justices of the Supreme Court must actually file to appear on the ballot, even though they don’t run in candidate elections; instead their names are listed on the ballot and voters vote on whether to retain them.

The lawsuit had been filed by voters who charged that the ballot access applications were flawed. The law requires such applications to be notarized. The justices filed at the last minute, and in their rush, they had their applications notarized by employees of the Supreme Court. A law says court employees can’t work for a candidate on government time. But the court ruled that, whatever the merits of that argument, the plaintiffs lack standing. See this story. It would be a rare lower court judge who would rule that three members of that state’s Supreme Court justices must be removed from the ballot.