Libertarian Party Sues Virginia Over Ban on Out-of-State Circulators

Posted on by May 14, 2012
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On May 14, the Virginia Libertarian Party filed a lawsuit in U.S. District Court over Virginia’s ban on out-of-state circulators. This is the third such case to be filed against Virginia on this issue in the last six months. The new case is Libertarian Party of Virginia and Darryl Bonner v Judd. Here is the eleven-page complaint.

The first such case was filed by Texas Governor Rick Perry. The U.S. District Court said the ban is almost certainly unconstitutional, but that Perry had filed the lawsuit too late (only 70 days before the presidential primary), so injunctive relief was denied. Before the case could get a ruling on declaratory relief, Perry and the other intervening presidential candidates dropped the lawsuit.

Then a new lawsuit was filed by a candidate for U.S. House in the June Democratic congressional primary. But then, after he filed the lawsuit, he was told he had enough valid signatures, even when the ones collected by a resident of the District of Columbia were set aside. So, he dropped his lawsuit.

Tennessee Governor Signs Bill Moving Petition Deadline for Newly-Qualifying Parties from April to August

Posted on by May 14, 2012
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On May 10, Tennessee Governor Bill Haslam signed SB 3700, which moves the petition deadline for newly-qualifying parties from April to August. It also gives newly-qualifying parties the choice of whether to nominate by convention or primary (if they want a primary, of course they must file before the primary). This bill only passed because minor parties won the 2010 lawsuit and also the 2012 lawsuit, against the early deadline.

This is an example of the kind of reform that can occur, when judges strike down restrictive ballot access laws. The new Tennessee law will not injure election administration to the slightest degree. Although the state is appealing, the only remaining important issues on appeal are: (1) whether the state must give all parties an equal chance to appear first on the ballot; and (2) whether the Constitution and Green Parties should remain on the 2012 ballot.

New Orleans Times-Picayune Publicizes Buddy Roemer’s Last-Minute Attempt to Qualify for Americans Elect Ballot

Posted on by May 14, 2012
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The New Orleans Times-Picayune has this story about the approaching deadline for candidates to qualify for the Americans Elect primary ballot. The story, published early on May 14, says Buddy Roemer has 5,618 “clicks”. As of 12:45 p.m. eastern time on the same day, the Americans Elect web page says now he has 5,668. He needs 10,000 with at least 1,000 from each of ten states.

U.S. Supreme Court Won’t Hear Puerto Rico Case on Representation in Congress

Posted on by May 14, 2012
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On May 14, the U.S. Supreme Court refused to hear Igartua v United States, 11-876. This is the case on whether the U.S. is obliged by various treaties it has signed to give Puerto Rico voting representation in Congress. Although the First Circuit had ruled against Puerto Rico in this same case, the decision had been 2-1.

Puerto Rico is the most populous jurisdiction in the world which has no voting representative in the national legislature (among those countries that have elected national legislative bodies). If Puerto Rico were entitled to voting representatives in the U.S. House, it would have eight or nine U.S. House members.

All overseas possessions of France, Netherlands, Spain, and Portugal are treated as parts of that nation, for representation in the national legislature. This is not true for Great Britain, but Great Britain’s most populous unrepresented colonial possession is Bermuda, which has fewer than 75,000 inhabitants. Aside from that, the Channel Islands, and the Isle of Man, are not considered parts of Great Britain and have their own parliaments, even though they recognize the British monarch as their own head of state.