Pennsylvania Democratic Party Files Lawsuit to Disqualify One of its Legislative Nominees

Posted on by July 21, 2012
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On July 20, the Pennsylvania Democratic Party and some voters filed a lawsuit in state court to disqualify one of the party’s own legislative nominees, Bill DeWeese. He won the Democratic primary in April this year, but on primary day he was sentenced to between 30 months and 60 months in prison. If elected in November, he will not be able to serve, unless his conviction is reversed on appeal. See this story. If he is removed from the November ballot, the party is free to choose a new nominee. He could withdraw but he refuses to do that.

California Top-Two Open Primary Produces November Election Contest Between Two Conservative Republicans, Beth Gaines and Andy Pugno

Posted on by July 20, 2012
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The California Assembly vote in the June 5 primary in the 6th district was: incumbent Republican Beth B. Gaines 38,827; Republican Andy Pugno 33,382; Democrat Regy Bronner 32,573. Because of California’s top-two open primary rules, the only two candidates who can run in November are the two Republicans. Both are conservative. See this story, focusing on the fact that Pugno had said before the primary that if the top two vote-getters were Gaines and himself, and that if Gaines received more votes, he would not campaign in November. Now it appears he will campaign.

Supporters of top-two would say this outcome is good for Democrats, because now they have the privilege of helping decide which Republican gets elected.

North Carolina Run-off Primary Turnout was Only 3.6%

Posted on by July 20, 2012
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North Carolina held run-off primaries on July 17. Only 3.6% of the state’s registered voters participated. North Carolina only holds a runoff primary when no one get at least 40% of the vote in the original primary. North Carolina is one of only eight states that still holds partisan primary run-offs. See this editorial, calling on the state legislature to abolish run-off primaries. This year’s run-off primary cost between $6,000,000 and $7,000,000. Thanks to Rick Hasen for this news.

Second Republican Files for Primary in Special Election, Forcing Michigan to Hold a September 2012 Primary

Posted on by July 20, 2012
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Two Republicans have now filed to run for the special election for Michigan’s U.S. House seat in the Eleventh District. See this story. Assuming both Republicans have enough valid signatures, now Michigan will be forced to hold a special primary on September 5, even though the November special election is only for a two-month term. Michigan also holds an August primary for all offices.

North Carolina Files Brief in Ballot Access Case

Posted on by July 20, 2012
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On July 16, North Carolina filed this brief in the ballot access case Pisano v Bartlett. This is the case filed by the Green Party and the Constitution Party, challenging the May petition deadline for newly-qualifying parties. The judge in this case has already refused to grant an injunction against the deadline, but the case is set to explore whether the deadline is unconstitutional, in proceedings stretching out into next year.

However, the state is trying to get the case dismissed now. This brief responds to the political parties’ brief of July 6. The parties had pointed out that there are many precedents that say minor parties have standing to overcome an early petition deadline, even if they didn’t make a big effort to petition, or even if they didn’t submit any signatures at all. The new state brief fails to discuss those precedents, one of which, Greaves v North Carolina State Board of Elections, is a North Carolina precedent. In Greaves v North Carolina State Board of Elections, a U.S. District Court struck down the old April petition deadline, even though the plaintiff American Party didn’t submit any signatures at all.