Ohio Senate Postpones Vote on Bill to Give Republicans and Democrats More Time to Certify National Tickets

Current Ohio law requires all ballot-qualified parties to certify the names of their presidential and vice-presidential nominees no later than August 8. The Democratic and Republican Parties will not hold their national conventions until several weeks after that date. HB 509 had been expected to pass the Senate on May 24. It says those two parties (but no others) may have until September 7 to make the certifications. The bill has an urgency clause and only pertains to the 2012 election.

For some reason, on May 24, the Ohio Senate decided not to vote on this bill that day. The Senate won’t be in session again until June 5. Assuming the bill passes the Senate on June 5, then it must pass the House. The original bill that already passed the House did not have the election law amendment, so the House needs to re-approve the entire bill after it passes the Senate. The original bill is not an election law bill and concerns venereal disease and other unrelated subjects.

Illinois Files Brief in Defense of its Ballot Access Laws

On May 24, attorneys for the Illinois State Board of Elections filed a brief in Libertarian Party of Illinois v Illinois State Board of Elections, 1:12-cv-2511, northern district. The state’s first argument is that the State Board of Elections and its members are not the proper defendants. This is a weak argument. In 1977, the Socialist Workers Party and the U.S. Labor Party filed lawsuits against the Illinois law on how newly-qualifying parties get on the ballot for Mayor of Chicago. Those cases won in U.S. District Court, and in the 7th circuit, and in the U.S. Supreme Court, unanimously. In that case the defendants were the State Board of Elections.

The state also argues that the June petition deadline is needed because when petitions are challenged in Illinois, the challenge process, and court battles over the sufficiency of the signatures, takes a long time. Of course, if Illinois didn’t have such restrictive laws, there wouldn’t be challenges. The problem is of the state’s own making. The state’s brief ignores the point that primary petitions also involve lengthy challenges and yet the deadline between primary petition deadlines and the date of the primary is much shorter. Primary petitions are due 106 days before the primary, but general elections are due 134 days before the general election. If the general election deadline were also 106 days, then the deadline for minor party and independent candidate petitions would be July 23, far better than the actual deadline of June 25.

The state defends its law requiring newly-qualifying parties to submit a full slate of candidates by saying that law had been upheld in state court in 2005. But the state does not acknowledge that back in 2005, independent candidate petitions were due six months earlier than petitions for new parties. The so-called rationale for the full slate back then was that without the full slate rule, independent candidates would create “dummy” new parties to avoid the early petition deadline for independent candidates. But nowadays, as a result of the 2006 ballot access victory in Lee v Keith, the independent candidate petition deadlines are in June, simultaneous with the petition deadline for new parties.

Georgia Ballot Access Lawsuit Filed

On May 25, the Green Party and the Constitution Party filed a lawsuit in U.S. District Court against Georgia’s procedure for placing newly-qualifying parties on the ballot for President. The case is Green Party of Georgia v State of Georgia and Brian Kemp, 1:12-cv-1822, northern district.

Georgia requires a petition of 50,334 valid signatures and requires each sheet to be notarized. No statewide petition for either a newly-qualifying party or a statewide independent candidate has succeeded in Georgia since 2000. In 1985 the 11th circuit ruled in Bergland v Harris that states must be more lenient on ballot access for president than for other office, and that Jenness v Fortson doesn’t necessarily apply to presidential candidate procedures. Georgia is in the 11th circuit.

There is now a constitutional ballot access case underway in all of the states with the worst ballot access procedures, except for Indiana and Texas. Cases are pending in Alabama, California, Georgia, Illinois, New Mexico, North Carolina, Ohio, Pennsylvania, and Tennessee. All of these cases are being handled by attorneys who are not charging for their services. The ballot access movement owes a huge debt of gratitude to these attorneys, who include Dan Johnson of Illinois, David Sapp of the Southern California ACLU, Mike Raffauf of Georgia, Roberta Price and David Urias of New Mexico, Gary Sinawski of New York, Bob Bastress of West Virginia, Jason Huber of North Carolina, Mark Brown of Ohio, Alan Woodruff of Tennessee, and Oliver Hall of Washington, D.C.

There are other constitutional ballot access pending in states not named above. The list above is not intended to be a complete list of such cases, but rather to highlight the cases against the most restrictive states. Six states are responsible for 60% of the total national number of signatures needed to place a new party or independent presidential candidate on the ballot in the entire nation (this calculation uses the easier method to get on the ballot in each state). Progress against those six states will do much to help voters of the entire United States. Those six states are California, Texas, Oklahoma, North Carolina, Georgia, and Indiana.

Ralph Nader Asks for Rehearing in D.C. Court of Appeals, in Bank Account Seizure Case

On May 24, Ralph Nader filed this 12-page petition for rehearing in Nader v Serody, 09-cv-906, in the District of Columbia Court of Appeals. This is the case over whether Pennsylvania Democratic challengers are entitled to seize over $50,000 from Nader’s bank accounts in D.C., as payment for court costs in 2004 when Nader’s ballot access petition was found not to have enough valid signatures.

The petition for rehearing is a response to the D.C. Court of Appeals decision two weeks ago that gave the approval for the funds seizure. The petition for rehearing explains that the D.C. court had been wrong two weeks ago when it ruled that Nader had an opportunity to present new evidence in the Pennsylvania courts. The new evidence was that petition challenge had been carried out illegally, by state employees, on state time, using state resources. Even newer evidence is that the attorney for the challengers himself directed this illegal activity.

New Jersey Reform Party Congressional Candidate Withdraws, Endorses LaRouche Democrat

According to this story, Mark Quick, Reform Party candidate for U.S. House in New Jersey’s 5th district, is withdrawing and is endorsing Diane Sare for the same office. Sare is running in the June 5 Democratic primary, and is a supporter of the Lyndon LaRouche movement. UPDATE: on Mary 24, the New Jersey Reform Party issued a press release saying that the Reform Party of New Jersey does not endorse Sare, and disagrees with Quick’s action.