Final Brief Filed in California Ballot Access Case Over Deadline for Newly-Qualifying Parties

On May 17, the Plaintiffs’ Reply brief was filed in the Califoria ballot access case. The case challenges the California January deadline for newly-qualifying parties. The hearing is Monday, May 21, at 1:30 p.m., in U.S. District Court in Los Angeles.

The hearing will determine whether the Justice Party and the Constitution Party (and any others) may continue to obtain new party registrations in their attempt to get on the ballot this year. Without any relief, they are far too late to get on the 2012 ballot. The case is California Justice Committee and Constitution Party of California v Bowen, 2:12cv-3956.

The state argues the two parties are far too small to qualify, even if they do get more time. But the Natural Law Party only had 634 registrants in February 1995, and it still managed to qualify in California by September 1995. The Reform Party also managed to qualify in September 1995, even though it had started its registration drive only three weeks before the deadline.

The U.S. District Court in Los Angeles is at 312 N. Spring Street, near Temple Street. The hearing is in Courtroom 15.

Missouri Legislature Removes Party Logo from Ballots

On May 16, the Missouri legislature passed HB 1036, which removes party logos from general election ballots. A party logo is a cartoon-like symbol of each political party. They were common on ballots a century ago, to assist voters who could not read.

Some years ago, the Missouri Libertarian Party had been irritated that the Democratic Party’s logo in Missouri was the Statue of Liberty, which in other states is the Libertarian logo. So the Missouri Libertarian Party chose a donkey for its logo. Finally the Democrats relented and gave up the Statute of Liberty, and then the Libertarians also switched and started using the Statute of Liberty.

The bill was passed because county election officials had determined that some voters were circling the logo at the top of the ballot and not casting any other votes for candidates. Apparently these voters believed the logos were a straight ticket device.

Various other election law bills failed to pass, and the legislature has now adjourned. HB 1046, which would have required parties to submit birth certificates for presidential candidates, failed to pass. The National Popular Vote Plan bill, HB 1719, didn’t make any headway. A bill to reinstate straight-ticket devices, HB 1415, also never made any headway. HB 1060, the bill to increase candidate filing fees for the presidential primary from $1,000 to $5,000, made considerable headway, but in the end never had a vote in the Senate. Missouri and Arizona are two states this year in which it seemed likely bills to make ballot access more difficult in presidential primaries would pass, yet in both states they didn’t pass.

As noted earlier this month, the ballot access improvement bill did pass, although it has still not been signed by the Governor.

Three-Judge Court Hears Hawaii Redistricting Case

On Friday, May 18, a three-judge U.S. District Court heard Kostick v Nago, 1:12-cv-184. This is the case that challenges Hawaii’s legislative redistricting. The plan removed from the census data all the college students who had not lived in Hawaii before they came to Hawaii to attend school, and it also removed all the military personnel who had not lived in Hawaii before they were assigned to military bases in Hawaii.

The state defends the plan by saying there is a procedure by which these students and military can fill out a form, saying they intend to remain in Hawaii in the future.

According to this story, at least one of the three judges expressed grave reluctance to postpone the August 11 primary. Filing for that primary starts on June 5.

Independent Party of Oregon Will Use Candidate Filing Fees to Help Pay for Private Mail Primary Ballot

The Independent Party of Oregon is ballot-qualified, but it doesn’t have registration equal to 5% of the state total. Therefore, it doesn’t qualify for a government primary. But because it is a very large party (with approximately 75,000 registered members) it desires to use a primary instead of a convention to nominate its candidates.

On April 30, the Oregon Secretary of State approved the party’s plan to charge candidates filing fees to run in the party’s privately-administered primary. The Secretary of State says this is permitted as long as the party’s bylaws include the details of the fee, and as long as the fee is applied uniformly to all candidates for the same office.

Candidates that run in government-administered primaries in Oregon pay filing fees to the government, in order to appear on primary ballots.

U.S. District Court Judge Sets New Hearing Date in Oklahoma Ballot Access Case

U.S. District Court Judge Timothy DeGiusti has set a June 7 hearing date in Libertarian Party of Oklahoma v Ziriax. This is the ballot access case filed by the Libertarian and Green Parties of Oklahoma. Briefs, or at least statements, will be filed in advance of that hearing date. The two political parties will probably argue that the case is ready for summary judgement on the constitutionality of the March 1 petition deadline.