Opening Brief Filed in Ninth Circuit, in Alaska Case over Out-of-State Petitioner Ban

On May 22, Robert Raymond, a professional petitioner, filed his brief in the Ninth Circuit in Raymond v Fenumiai, 13-35090. The issue is Alaska’s ban on out-of-state petitioners, which only includes ballot measures, not candidates. The U.S. District Court had ruled that Raymond lacks standing because he didn’t specify any particular initiative petition he wished to work on. Therefore, his brief to the Ninth Circuit is on the issue of whether he has standing.

There are now ballot access cases pending in the Ninth Circuit from four states, Alaska, Arizona, California, and Nevada. The Arizona case concerns whether states that provide primaries to five parties can just list two of those parties on the voter registration forms. The California case includes one filed by the Peace & Freedom Party over presidential qualifications, and one filed by a California candidate on the subject of discriminatory ballot label laws. The Nevada case concerns whether “None of the Above” is unconstitutional unless it is altered to provide that if it wins, it is binding.

New Jersey Will Probably Hold Special U.S. Senate Election on November 4, 2013

U.S. Senator Frank Lautenberg died on June 3. Because New Jersey was holding a gubernatorial election anyway on November 4, 2013, a date that is more than 70 days in the future, there will probably be a special U.S. Senate election to fill the vacant seat on that day. The normal petition deadline for independent candidates, and the nominees of unqualified parties, this year for state office, is June 4, 2013. Obviously the special U.S. Senate election will have a different deadline, one that is closer to the general election. Thanks to Rick Hasen for the news about the special election. See this story.

Ian Milhiser, a Policy Analyst for the Center for American Progress, has noticed that New Jersey election law appears to contradict itself on the date of the special election. 19:3-26 says because the seat became vacant more than 70 days before the November 4, 2013 regularly-scheduled state election, the U.S. Senate election must be that day also. But 19:27-6 says that special U.S. Senate elections will only be held if the vacancy was created more than 70 days before the primary, which this year is June 4, 2013.