“Operation Lost Vote” Organizes to Help South Carolina Candidates Qualify as Independents

According to this news story, on May 14, the 3-judge U.S. District Court hearing Somers v South Carolina Election Commission orally ruled after the hearing that no relief can be granted to the candidates left off the June 12 primary ballot. Almost 200 candidates were kept off Democratic and Republican primary ballots (for state legislature and local partisan office) because of confusion over the deadline for filing a Statement of Economic Interests.

The story also says, at the bottom, that a group called “Operation Lost Vote” will help these candidates to collect signatures to get on the ballot as independents. The petitions are due in mid-July. They are very stringent, and require signatures equal to 5% of the number of registered voters (the law is much easier for statewide independents, and somewhat easier for independent candidates for U.S. House).

South Carolina has had very few independent candidates on its general election ballot. No one has ever qualified as an independent candidate for statewide office, other than President; and no one has ever qualified for U.S. House as an independent. Independent candidates appear on the November ballot with the label “By petition”, not “independent.” Over the years there have been qualified minor parties in South Carolina named the Independent Party, and anyone looking at old election returns might be deceived. True independent candidates are listed in the election returns as “petition” candidates, not “independent” candidates.

New York Will Recount State Senate Special Election Ballots Manually

On March 20, New York state held a special election to fill the vacant State Senate seat in the 27th district, which is in Brooklyn. The only two candidates were David Storobin (nominated by the Republican and Conservative Parties) and Lew Fidler (nominated by the Democratic and Independence Parties). (Storobin also submitted a petition to be the nominee of the “School Choice” Party, but that petition failed).

Now that all the votes have been counted, Storobin leads by 27 votes. This is such a close margin that the votes will be re-tallied by hand. The previous count was by feeding paper ballots into an optical scan reader. See this story. The winner will only serve for the remainder of this calendar year. The district has essentially been eliminated for the 2012-2020 decade.

Libertarian Party Sues Virginia Over Ban on Out-of-State Circulators

On May 14, the Virginia Libertarian Party filed a lawsuit in U.S. District Court over Virginia’s ban on out-of-state circulators. This is the third such case to be filed against Virginia on this issue in the last six months. The new case is Libertarian Party of Virginia and Darryl Bonner v Judd. Here is the eleven-page complaint.

The first such case was filed by Texas Governor Rick Perry. The U.S. District Court said the ban is almost certainly unconstitutional, but that Perry had filed the lawsuit too late (only 70 days before the presidential primary), so injunctive relief was denied. Before the case could get a ruling on declaratory relief, Perry and the other intervening presidential candidates dropped the lawsuit.

Then a new lawsuit was filed by a candidate for U.S. House in the June Democratic congressional primary. But then, after he filed the lawsuit, he was told he had enough valid signatures, even when the ones collected by a resident of the District of Columbia were set aside. So, he dropped his lawsuit.

Tennessee Governor Signs Bill Moving Petition Deadline for Newly-Qualifying Parties from April to August

On May 10, Tennessee Governor Bill Haslam signed SB 3700, which moves the petition deadline for newly-qualifying parties from April to August. It also gives newly-qualifying parties the choice of whether to nominate by convention or primary (if they want a primary, of course they must file before the primary). This bill only passed because minor parties won the 2010 lawsuit and also the 2012 lawsuit, against the early deadline.

This is an example of the kind of reform that can occur, when judges strike down restrictive ballot access laws. The new Tennessee law will not injure election administration to the slightest degree. Although the state is appealing, the only remaining important issues on appeal are: (1) whether the state must give all parties an equal chance to appear first on the ballot; and (2) whether the Constitution and Green Parties should remain on the 2012 ballot.

New Orleans Times-Picayune Publicizes Buddy Roemer’s Last-Minute Attempt to Qualify for Americans Elect Ballot

The New Orleans Times-Picayune has this story about the approaching deadline for candidates to qualify for the Americans Elect primary ballot. The story, published early on May 14, says Buddy Roemer has 5,618 “clicks”. As of 12:45 p.m. eastern time on the same day, the Americans Elect web page says now he has 5,668. He needs 10,000 with at least 1,000 from each of ten states.