Two Days After California Ballot Access Law for New Parties Enjoined, No General Circulation Media Has Mentioned the Decision

On May 22, as reported here earlier, a U.S. District Court ruled that California’s ballot access law for newly-qualifying parties is probably unconstitutional, and enjoined the state from enforcing the deadline. However, the only media that has reported this news so far is ElectionLawBlog and Ballot Access News.

The decision came in a case in U.S. District Court in Los Angeles, and is called California Justice Committee and Constitution Party of California v Bowen.

Ohio Senate Committee Amends a Non-Election Law Bill to Give Democrats and Republicans, but No Others, More Time to Certify their Presidential Nominees

On May 23, the Ohio Senate State and Local Government and Veterans Affairs Committee amended a non-election law bill, HB 509, and passed the bill. The amendment says that for 2012 only, qualified parties that polled at least 20% of the vote in the last election may have until 60 days before the general election to certify the names of their presidential and vice-presidential nominees. All other qualified parties must certify their national nominees no later than 90 days before the general election.

Without the amendment, the Democratic and Republican Parties could not legally have their national tickets appear on the November ballot, because their national conventions are August 27-30 (Republican) and September 3-6 (Democratic). Without the amendment, their certifications would be due on August 8.

The amendment provides that this temporary election law change (for 2012 only) will never be codified in the election code. Thus, it will be virtually invisible to researchers in the future. There seems to be no public policy reason why the law should not be amended for all qualified parties. Ohio has five qualified parties other than the Democratic and Republican Parties. If Americans Elect changed its mind and decided to have a presidential nominee after all, the discriminatory treatment could be injurious to Americans Elect. The other qualified minor parties will have held their presidential conventions by July, or else have already held their national conventions.

The bill will probably pass the Senate very soon, but then it must return to the House for concurrence.

Constitution Party and Republican Party are Only Parties with Statewide Primary Ballots in Utah This Year

The Utah primary, for president and all other office, is June 26. Utah only prints up primary ballots for parties that have at least two candidates for an office. This year, there are no Libertarian primary ballots, no Green Party primary ballots, no Justice Party primary ballots, and no Americans Elect primary ballots, because those parties have no primary contests. Even among Democrats and Republicans, there are few offices on those parties’ primary ballots, because in Utah, no one can get on a primary ballot unless he or she shows significant support at an earlier party endorsement meeting. This year there is no Democratic primary ballot in most counties of the state, because there are no contested Democratic primaries for any statewide office.

The Constitution Party does have a primary contest for Governor, between Kirk D. Pearson and Brandon W. Nay. No other party, not even the Democrats or Republicans, have a primary ballot that lists the Governor’s race, because those parties only have one person running for Governor. The Utah Constitution Party lets all registered voters choose a Constitution Party primary ballot. Here is a link to the list of primary candidates for Utah this year for all parties.

California Peace & Freedom Party, and Libertarian Party, Have Primary Write-in Candidates

At the June 5 primary in California, there is one U.S. House district in which only one person filed to be on the top-two primary ballot, and there are six legislative districts with only one candidate on the primary ballot. The Peace & Freedom Party, and the Libertarian Party, have each filed some declared write-in candidates in some of these districts.

Under the law, anyone who places second in the primary in these districts will appear on the November ballot. Even one write-in vote is enough to qualify. Write-in votes in the June primary for declared write-in candidates are counted. It is only in November that write-ins are banned for Congress and state office.

In the 37th U.S. House district in Los Angeles County, the only declared write-in is Sean McGary, a Libertarian, so if he polls even one write-in vote, his name will be on the November ballot against incumbent Democrat Karen R. Bass. UPDATE: there are three write-in candidates in this district. Besides McGary, there is Morgan Osborne, a Republican; and Adam Sbheita, a Peace & Freedom Party member. Thanks to Bob Richard for the update.

In the 15th Assembly district in Alameda and Contra Costa Counties, Eugene E. Ruyle, a Peace & Freedom Party member, is the only declared write-in candidate, so he will be on the November ballot against incumbent Democrat Nancy Skinner.

In the 9th State Senate district in Alameda and Contra Costa Counties, there are two declared write-in candidates, Mary McIlroy of the Peace & Freedom Party, and Lisa Ringer of the Libertarian Party. The Green Party has already endorsed McIlroy. Whoever gets more write-ins will run in November against State Senator Loni Hancock, a Democrat.

In the 33rd State Senate district in Los Angeles County, there are two declared write-in candidates, Lee Chauser of Peace & Freedom, and Matthew Cavanagh, a Democrat. Whoever gets more write-ins will be on the November ballot against Democratic incumbent Ricardo Lara, a Democrat.

There are no declared write-ins in the 14th Assembly district in Contra Costa County, and the 64th Assembly district in Los Angeles County. Therefore, the November ballot for those two races will list one person on the ballot, with no write-in space, so it will be impossible for voters to vote against the incumbents in those two races. Those incumbents are Democrats Susan Bonilla in the 14th district and Isadore Hall in the 64th district.