South Carolina Republican Candidate Sues Republican Party for Extending Filing Deadline for Her Race

A Republican candidate for State Senate in South Carolina expected to be the only Republican running for her particular seat. However, the party extended the deadline for candidates to file in her race, so then two more Republicans filed. The candidate has sued the Republican Party to eliminate the two candidates who filed during the extended period. The South Carolina primary (for office other than President) is June 12. The candidate who filed the lawsuit is Amanda Somers. She is running in a Greenville area seat.

Georgia Settles Lawsuit, Agrees to Do More to Encourage Welfare Applicants to Register to Vote

In 1993, Congress passed the National Voter Registration Act, which the press nicknamed the “Motor Voter” Act. The law requires all states to make it easier for people to register to vote. It also said that state and local welfare agencies must encourage everyone who visits their offices to register to vote.

Last year, several voting rights groups sued Georgia for failing to administer the federal law properly. The lawsuit noted that whereas in 1995-1996, approximately 100,000 voter registration forms had been obtained for individuals who visited welfare agencies, that number had dropped to only 4,430 in 2010. On April 18, the Georgia Secretary of State and the Department of Human Services agreed to settle the lawsuit by agreeing to many specific acts that will undoubtedly result in more unregistered individuals filling out a voter registration form. Here is a press release about the settlement, which has a link to the 23-page single space settlement agreement. The case is Georgia State NAACP v Kemp, northern district, 1:11-cv-1849. Thanks to Rick Hasen for the link.

Arkansas Libertarians Nominate First Candidates Ever for Congress, State Legislature, Partisan Local Office

On April 14, the Arkansas Libertarian Party nominated candidates for public office. The party has four U.S. House nominees, four state legislative nominees, and four nominees for local partisan office. They will be the first Libertarians who have ever appeared on an Arkansas ballot for office other than president. Last year the party earned the right to nominate by convention, when it submitted enough signatures to be a qualified party. There are now no states in which the Libertarian Party has never placed nominees (for office other than President) on the ballot.

Arkansas has no U.S. Senate race this year. Arkansas Greens will be nominating on May 6.

South Dakota Secretary of State Approves Constitution Party Petition

On April 18, the South Dakota Secretary of State determined that the Constitution Party has enough valid signatures, so it is now a qualified party.

South Dakota now has five ballot-qualified parties: Americans Elect, Constitution, Democratic, Libertarian, and Republican. This is the most qualified parties in South Dakota since 1914.

Maine Supreme Court Unanimously Rules that Ralph Nader is Entitled to a Trial in his Claims Against the Democratic Party in 2004

On April 19, the Maine Supreme Court ruled unanimously that Ralph Nader’s lawsuit for damages against the Democratic Party and its allies, concerning that party’s attempts to keep him off the ballot in 17 states in the 2004 presidential election, is entitled to a trial. This means that the lower court must hear the evidence that Nader wishes to present. The decision is Nader v The Maine Democratic Party, 2012 ME 57. The decision is 21 pages and there is a concurrence of 9 pages.

The opening paragraph of the decision is, “In this appeal we consider whether the Maine anti-SLAPP statute may be invoked to deprive a minor-party candidate of his day in court on a suit in which he alleges that he was subject to abuses of process, damaging to his candidacy, by organizations and individuals who conspired to take actions to prevent or complicate his inclusion on the ballot in Maine and other jurisdictions during the 2004 presidential election. We conclude that the Maine anti-SLAPP statute may not be invoked to achieve dismissal of claims alleging abuses of process without giving the plaintiff the opportunity to establish a prima facie case to support the claims.”

The decision has a paragraph about ballot access, which makes it clear that ballot access for independent candidates is protected by the U.S. Constitution.

Nader has had several lawsuits against the Democratic Party and its allies for their behavior in 2004, but this is the first decision that permits a trial. Similar lawsuits in Virginia state court, and in federal court, were dismissed on statute of limitations grounds. It happens that Maine has a lengthier statute of limitations than those other jurisdictions. In order to prevail in the trial, Nader will be required to show that the Democratic Party’s actions in Maine in 2004 to keep Nader off the Maine ballot were devoid of any reasonable factual support or arguable basis in law. He is free to present evidence from around the country, all of which is relevant, but that evidence must include solid evidence from Maine in order to keep the lawsuit viable. UPDATE: here is a story about the decision from Maine Public Radio.