Prominent Civic Leader in Springfield, Illinois, Who Tried to be an Independent Candidate for Legislature, Challenged Off the Ballot

Posted on by August 4, 2012
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According to this story, Bob Gray’s petition to be on the ballot for State Senate in the Illinois 50th district was challenged, and he does not have quite enough valid signatures to appear on the November ballot. This development leaves only one candidate, the Republican nominee, on the November ballot.

Gray is the President of the Springfield Citizens Club, a civic organization that sponsors lectures on matters of public interest. In 2009 he received the State Journal-Register’s “First Citizen” Award.

Illinois requires independent candidates for district office to submit a petition of 5% of the last vote cast, except that in years after redistricting, the requirement for State Senate is a flat 3,000 signatures.

New York Legislative Candidate Wins Legal Fight over Residency, Even Though he was Registered to Vote in Massachusetts

Posted on by August 4, 2012
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On August 3, Patrick Manning won a lawsuit in New York Supreme Court, retaining his spot on the Republican primary ballot as a candidate for Assembly. New York requires legislative candidates to have lived in New York for the preceding five years. Manning’s ballot status was challenged on the grounds that he had been registered to vote at his vacation home in Massachusetts during that period. However, the Court found that Manning was a resident of New York during the entire period. See this story. Thanks to Bill Van Allen for the link.

U.S. District Court Will Hear Case on Who Can Qualify as an Independent Candidate in Ohio

Posted on by August 3, 2012
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On August 6, U.S. District Court Judge George C. Smith, a Reagan appointee, will hear Jolivette v Husted, southern district, 2:12-cv-603. Greg Jolivette submitted enough valid signatures to be on the November ballot as an independent candidate for State House, 51st district. Election officials still kept him off the ballot, because they say he was too recently a member of the Republican Party.

Ohio laws on who may qualify as an independent candidate are the vaguest laws in the U.S. Ohio does not have partisan registration. However, elections officials keep track of which party’s primary ballot a voter chooses. Jolivette did not vote in the Republican primary of March, 2012. But in 2011, he held himself out as a Republican and even started to petition onto the Republican primary ballot, but he then withdrew that Republican petition.

Ohio election law does not say an independent candidate must have had nothing to do with a political party. It just bans “sore losers”. Jolivette argues not only that he qualifies as an independent, but that in any event the law is hopelessly vague. See this story about the case. Thanks to Rick Hasen for the link.

Arizona Superior Court Hears Oral Arguments on Whether Top-Two Open Primary Initiative Should be on Ballot

Posted on by August 3, 2012
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Here is a description of the court hearing held August 3 in Phoenix, over whether the initiative for a top-two open primary should be on the ballot. Opponents argued that it violates the single-subject rule. The only argument on the single-subject rule that seemed to give the judge pause is the point that the initiative unnecessarily abolishes elections for party office. The very last paragraph of the article mentions this.

The other states with top-two open primaries, Washington, California, and Louisiana, all continue to hold elections for party office.