Ohio Libertarian Polled Enough Write-in Votes in Primary to Qualify for U.S. Senate in November

John Fockler, Libertarian candidate for U.S. Senate in Ohio, has received at least 750 write-in votes in the March 6, 2012 Libertarian primary, and probably over 800. He needed 500 write-ins to qualify to be listed on the November ballot. The election night primary returns had shown him with only 407, but election night returns for write-in candidates are invariably not accurate.

His name wasn’t printed on the primary ballot because he would have needed a petition of 500 valid names, and people who had voted in a 2010 primary (other than the 2010 Libertarian primary) were not eligible to sign. Also, because the state changed the date of its primary from May to March at the very end of 2011, there wasn’t much time for candidates to collect signatures on primary petitions. Thanks to Kevin Knedler for this news.

Americans Elect to Submit Tennessee Petition on March 29

Americans Elect says it is about to submit approximately 72,000 signatures to election officials in Tennessee. The turn-in will be Thursday, March 29. See this story.

The other qualified parties in Tennessee are Democratic, Republican, Green, and Constitution. The latter two got on the ballot by winning a lawsuit. The state is appealing the lawsuit decision, but in the meantime, the plaintiff political parties are on the ballot, because the U.S. District Court has refused to issue a stay of its own opinion. The state, so far at least, has not asked the Sixth Circuit to expedite the appeal.

Ohio Senate Passes Bill that Moves New Party Petition Deadline Back to November of Year Before Election

On March 28, the Ohio Senate passed SB 295 by 23-10. It repeals last year’s omnibus election law. Last year’s omnibus election law had moved the petition deadline for newly-qualifying parties from 120 days, to 90 days, before the primary. That was the 2011 session’s attempt to create a constitutional deadline for newly-qualifying parties.

If the Ohio House also passes SB 295, then the petition deadline will move back to the same date (November of the year before the election) that was held unconstitutional in 2006 by the 6th Circuit, as least for presidential election years. Ohio holds its primary for all office in early March in presidential years, and in early May in midterm years.

The Republican majority in the Senate passed the bill, repealing the 2011 omnibus election law, because if they don’t repeal it, the voters will have an opportunity to vote on it, and the voters will probably repeal it. The majority in the Senate would prefer to simply cancel that popular vote. The reason the 2011 law was put up for a referendum vote in November 2012 is that the omnibus election law has lots of controversial features that Democrats and labor unions vociferously oppose. Democrats and labor together did the difficult work of gathering the referendum signatures. Ironically, now the Democrats in the legislature want to leave that referendum on the November 2012 ballot, because they expect to win the vote; and Republicans would rather just cancel the referendum vote.

Hawaii Green Party Petition Has Enough Valid Signatures

The Hawaii Office of Elections has determined that the Green Party petition has enough valid signatures. As a result, the Green Party is now safely on the ballot in Hawaii for 2012 through 2022. Hawaii says when a party has been on the ballot in three elections in a row, it is then automatically on the ballot for the next ten years.

Recently, Hawaii rejected the Constitution Party petition, and the Justice Party petition, for not having enough valid signatures. It is possible one or both parties will sue to overturn the February 2012 petition deadline. In 1986, a U.S. District Court in Hawaii enjoined the petition deadline for newly-qualifying parties, in a case brought by the Libertarian Party. At the time the law required the petition to be submitted at least 150 days before the primary.

Since then, the deadline has been made even earlier, 170 days before the primary.