Ohio Newspaper Editor Examines Ohio’s Arbitrary Rules on Who is an Independent Voter and Who is a Party Member

The editor of the News Journal of Clinton County, Ohio, has this detailed and interesting analysis of Ohio election law concerning which voters are independents and which are party members. Ohio law on this matter is easily the most arbitrary and confusing of any state. Ohio does not ask voters to indicate party membership (or independent status) on voter registration cards. But unlike other open primary states, it tries to categorize individual voters as either party members or independents, and uses these categories to exclude candidates from ballots based on so-called party membership or independent status.

Ninth Circuit Re-affirms but Limits Earlier Decision on Political Party Involvement in Montana Judicial Elections

On June 21, the Ninth Circuit issued this 6-page opinion in Sanders County Republican Party v Fox, 12-35816. This is a Montana decision. The decision re-affirms the panel’s earlier determination that political parties have a right to endorse candidates for judicial office. But the decision also says that the separate issue of whether parties can be banned from contributing to candidates for judicial office was never part of the case, and therefore it reverses the U.S. District Court on that issue.

The ban on political party endorsements, and the ban on political party contributions, are all part of the same code section. The U.S. District Court had struck down the entire code section, but it is now clear that only the endorsement ban is unconstitutional and the issue of contributions has not been adjudicated.

South Carolina Governor Signs Bill Removing a Ballot Access Barrier

On June 19, South Carolina Governor Nikki Haley signed SB 2. See this story. Candidates for state and local office who fail to file certain documents relating to their personal finances will no longer be barred from ballots. As the Governor mentioned, in 2012, 200 candidates were kept off the ballot because of trouble filing forms relating to personal financial interests.

New York Legislature Passes Bill to Use Old-Fashioned Mechanical Voting Machines This Year in New York City

On the evening of June 20, the New York legislature passed A7832, which authorizes New York city to use the old-fashioned mechanical voting machines in this year’s city elections. The machines have been in storage since 2010. Federal law does not permit their use in federal elections, and they have not been used anywhere else in the nation since 2006. Thanks to Mike Drucker for this news.

John Jay Hooker Finally Has a Court Date for His Longstanding Crusade Over Whether Tennessee State Judges Must be Elected

John Jay Hooker has been a prominent Democrat in Tennessee for decades, and he is also notable for being the first friend of Ross Perot’s to suggest to Perot that he run for President. Hooker was the Democratic nominee for Governor of Tennessee in 1970 and 1998, but he didn’t win either time.

Hooker has been arguing for decades that the current system of judicial appointment in Tennessee violates the State Constitution, which says the judges shall be “elected” by the people. Since 1994, Tennessee Supreme Court Judges do not run for re-election; instead, at intervals, the voters are asked if they wish to retain the particular judge. Here is Hooker’s analysis of why that system violates the State Constitution.

On June 24, Hooker’s lawsuit will be heard in state court. Previous lawsuits of his, and similar lawsuits, filed in both federal and state courts, have always encountered procedural roadblocks. See this story.