U.S. District Court Rules that Ohio’s Minor Parties May Remain on the Ballot for 2014

On January 7, U.S. District Court Judge Michael H. Watson ruled that due process requires that Ohio not implement its new ballot access barriers for minor parties for the 2014 election. The 28-page opinion depends on the fact that the Ohio legislature did not pass the new requirements until November 2013, after various candidates of the minor parties had already been circulating petitions to place themselves on their own party’s primary ballot. The case is Libertarian Party of Ohio v Husted, southern district, 2:13cv-953.

The decision also depends on the fact that the new law doesn’t take effect until February 2014. The Republican majority in the legislature wanted the new requirements to take effect immediately, but the bill would have needed 60% in each House of the legislature to take effect immediately, and because some Republican legislators voted against the bill, the bill did not pass with 60% in the State House.

The decision says, “The Ohio Legislature moved the proverbial goalpost in the midst of the game. Stripping the Plaintiffs of the opportunity to participate in the 2014 primary in these circumstances would be patently unfair.”

Important Procedural Victory in Georgia Ballot Access Case

On January 6, the Eleventh Circuit issued an order in Green Party of Georgia v State of Georgia and Georgia Secretary of State, 13-11816. The Eleventh Circuit six-page order says that the U.S. District Court was wrong to dismiss the case, which is a challenge to the number of signatures needed for unqualified parties to get on the ballot for President. The Eleventh Circuit order sends the case back to the U.S. District Court, and tells that Court to re-hear the case, with the understanding that presidential ballot access has more constitutional protection than ballot access for other office.

The U.S. District Court Judge had dismissed the case before the state had even answered the Complaint. The U.S. District Court had said that because the U.S. Supreme Court had upheld Georgia’s ballot access laws in 1971 in Jenness v Fortson, therefore the current laws must be constitutional. But Jenness v Fortson did not concern a presidential election; it was filed over the requirements for minor party candidates to get on the ballot for Governor and U.S. House.

The Eleventh Circuit order is signed by Judges Gerald Tjoflat (a Ford appointee), Emmett Cox (a Reagan appointee), and Adelberto Jordan (an Obama appointee). Because Alabama is also in the Eleventh Circuit, this order will be helpful to the ballot access case pending in Alabama, Stein v Bennett. The Alabama case also concerns presidential elections. The issue in the Alabama case is the March petition deadline for parties that want to appear on the presidential ballot.

American Prospect Carries Lengthy Story About Working Families Party

The American Prospect has a long article about the Working Families Party and its national director, Dan Cantor. See it here. The story says the party will expand into the District of Columbia, Maryland, and Pennsylvania soon. The story also says that the party won’t necessarily try to get on the ballot under its own name in the future.

National Conference of State Legislatures Chart Shows Start Dates for 2014 Legislative Sessions

In most states, legislatures convene this month. The commonest start date among the states is January 13 or January 14. See this chart from the National Conference of State Legislatures.

There are bills to improve ballot access laws pending or expected to be introduced this year in Alabama, California, New Hampshire, North Carolina, Oklahoma, Pennsylvania, and Vermont. There could be many more states with helpful bills. Now is the time for activists to communicate with state legislators, asking for bills to improve the laws. There are problems with the ballot access laws in most states.

Florida Taxpayer Asks Florida Supreme Court to Order Governor to Appoint a Lieutenant Governor

Florida’s Lieutenant Governor resigned her position in March 2013, and that office has been vacant ever since. The Florida Constitution says that when that office becomes vacant, the Governor “shall” appoint a new Lieutenant Governor. On January 6, 2014, a Florida taxpayer, Barbara DeVane, filed a lawsuit directly with the State Supreme Court, asking the Court to order the Governor to appoint a new Lieutenant Governor.

The plaintiff, Barbara DeVane, points out that the Constitution provides that when the Governor is unavailable to handle a state emergency, the Lieutenant Governor has authority to act. DeVane’s brief also mentions the consequences if the Governor, Rick Scott, were to become incapacitated; the Constitution gives the Lieutenant Governor authority to act while the Governor is incapacitated. DeVane is a lobbyist for the National Organization for Women. Here is the brief. The case is DeVane v Scott. Thanks to Howard Bashman of How Appealing for the link.