Ohio Libertarian Party Files Lawsuit Against New Residency Requirement for Petitioners

On September 25, the Ohio Libertarian Party filed a lawsuit in federal court against the 2013 law that again makes it illegal for out-of-state circulators to collect signatures for candidates. The case is Libertarian Party of Ohio v Husted, 2:13-cv-953. Although the party is on the ballot, its candidates still must obtain petitions to get themselves on the primary ballot. Statewide candidates need 500 valid signatures of voters who didn’t vote in a partisan primary in the previous election, so these candidate petitions are not necessarily easy.

As already noted, on September 20, a lawsuit was filed in federal court against Ohio’s 2013 law that makes it illegal for out-of-state circulators to work on initiative petitions. That case is Citizens in Charge v Husted. That case has a hearing on October 3, 2013, at 2 p.m.

Between 2008 and 2013, Ohio permitted out-of-state circulators, but in 2013 the legislature banned them again, for all petitions except independent presidential petitions.

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.