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Virginia Congressional Primary Will be in June, Not August

Posted on March 23, 2012 by Richard WingerMarch 23, 2012

On March 14, the U.S. Justice Department approved Virginia’s new U.S. House districts. Therefore, HB 736 will not go into effect, and the congressional primary will be on June 12, not in August. HB 736 says the 2012 congressional primary should be in August if the districts aren’t approved by the Justice Department by April 3. But the districts have been approved, so that bill has no effect.

Another bill, HB 1151, says 2012 petitions may use the old districts. The Governor still hasn’t signed that bill.

Nebraska Republican Party Appeals Bob Kerrey Ballot Access Case to State Supreme Court

Posted on March 23, 2012 by Richard WingerMarch 23, 2012

See this story, which says that not only has the Republican Party of Nebraska appealed the Bob Kerrey ballot access case to the State Supreme Court, but that the Chief Justice has tentatively ruled that the appeal cannot go forward.

Illinois Supreme Court Clears Away One Small Ballot Access Barrier

Posted on March 22, 2012 by Richard WingerMarch 22, 2012

On March 22, the Illinois Supreme Court issued this opinion in Wisnasky-Bettorf v Pierce, 111253. The unanimous opinion says that when a qualified party nominates a candidate after the primary (because that party hadn’t nominated anyone at its primary), it does not need to notify election authorities within three days after deciding to make such a nomination.

The lower courts had kept a Republican nominee for office off the ballot in November 2010 because the lower courts thought that the law required such a notification.

Nebraska State Court Says State Cannot Force Congressional Candidates to be Registered Voters

Posted on March 22, 2012 by Richard WingerMarch 22, 2012

On March 22, a lower state court in Nebraska released a 9-page opinion in Nebraska Republican Party v Gale, Lancaster County district court, CI 12-1102. this is the case in which the Republican Party argued that Bob Kerrey should not be on the Democratic May 2012 primary as a candidate for U.S. Senate because he is not validly registered.

The written order matches what the judge said orally on March 21, that states cannot require congressional candidates to be registered voters. The opinion says, “States clearly cannot impose voter registration or residency requirements on candidates for U.S. Senate…the State of Nebraska does not have the constitutional authority to impose a voter registration requirement as a qualification for candidacy. Consequently, anything to do with voter registration can have nothing to do with whether candidate filing forms were properly filed.” The decision cites Schaefer v Townsend, the 9th circuit opinion that came to the same conclusion. It does not cite the 10th circuit decision that agreed, Campbell v Davidson.

Americans Elect Submits Petition in Wisconsin

Posted on March 22, 2012 by Richard WingerMarch 22, 2012

Wisconsin election officials have received over 17,000 signatures on Americans Elect’s petition. 10,000 signatures are required. Assuming the petition is approved, Wisconsin will have four qualified parties: Democratic, Republican, Constitution, and Americans Elect. Parties that are not qualified may still place nominees on the November ballot, with the party label, via the independent candidate procedures.