National Right to Life Web Page Summarizes Facts About All Upcoming Special Congressional Elections

The National Right to Life web page has this useful summary of the special U.S. House elections that will be held in the last months of 2013. The article also includes the special U.S. Senate election in New Jersey.

All of the remaining 2013 special congressional elections will have minor party or independent candidates on the ballot, with the possible exception of the Alabama race. Whether any candidate outside the major parties appears on the Alabama election will depend on the outcome of a pending lawsuit.

Federal Court in Illinois Rules that Election Board Members Cannot be Sued Over Actions Taken by the Board

On September 18, U.S. District Court Judge John W. Darrah issued an opinion in Miller v Broderick, 13-cv-2281 (northern district of Illinois), in favor of the Defendant, Maureen Broderick, who functioned as an election board member in a local election earlier this year in New Lenox, Illinois. The plaintiff, Kathleen Miller, had filed a petition to be on the ballot for School Board. She signed one form relating to candidacy on the wrong line. Broderick, a member of the same board who was not up for re-election, and who was Secretary of the Board, challenged the petition. Then she withdrew her objection, but had a friend file the same type of objection.

Because Broderick was Secretary of the Board, she had the legal power to rule on the petition challenge, and she voted to keep Miller off the ballot. Miller then filed a lawsuit and a state court put her back on the ballot. Then, Miller sued Broderick in federal court. But Judge Darrah ruled that members of election boards are acting in a quasi-judicial capacity, and that they cannot be sued for actions they take in their capacity as public officials.

Alabama Will Hold a Run-off Primary in Special U.S. House Election

On September 24, Alabama held Republican and Democratic primaries for U.S. House, for the vacant First District. Because no one got as much as 50% in the Republican primary, there will be a run-off primary on November 5. The election itself will be on December 17.

The fact that the state can’t even begin to print ballots for the election itself until after November 5 makes the state’s deadline for independent candidates and minor parties seem irrationally early. A lawsuit is pending in U.S. District Court against the number of signatures required (5,938 signatures) and against the September 24 petition deadline.

The two candidates who will be in the Republican run-off are Bradley Byrne and Dean Young.

California Special Legislative Election: Independent Candidate Narrowly Defeated

On September 24, California held a special run-off election to fill the vacant Assembly seat, 52nd district, in San Bernardino and Los Angeles Counties. The run-off was between a Democrat, Freddie Rodriguez, and Paul Leon. Leon, Mayor of Ontario, changed his registration from Republican to independent on the day he filed to run in this election. Earlier this year, he had lost a special State Senate election earlier when he was a Republican.

The unofficial results show a close race. Rodriguez won with 7,054 votes, but Leon received 6,689 votes. It is conceivable that Leon might have won if the election law had allowed him to put “Independent” on the ballot next to his name. But the law forced him to have “No party preference”, a less appealing term. UPDATE: the margin is narrowing as more votes are counted. By the end of business on Wednesday, September 25, the margin was only 314 votes. There are still some uncounted absentee and provisional ballots.