On July 5, 2012, the U.S. Court of Appeals issued a 3-page ruling in Kurita v The State Primary Board of the Tennessee Democratic Party, upholding the action of the Tennessee Democratic Party in 2008 and also upholding the U.S. District Court decision of 2008. The incumbent Democratic State Senator, Rosalind Kurita, had won the primary, although by only 19 votes. But the party decertified her as its nominee, and instead nominated the runner-up. The party was hostile to her because she had voted for a Republican for Senate President. Also the Democratic Party charged that some of the voters in the Democratic primary were Republicans. Tennessee has open primaries.

The Sixth Circit decision has almost no original content, and on the merits, merely says that the U.S. District Court decision was correct. The implications of this decision are significant, because the U.S. District Court decision only covered Tennessee, but the 6th circuit decision will also control future similar disputes in Ohio, Michigan, and Kentucky, which are the other states in the Sixth Circuit. Thanks to Jim Riley for this news.

The deadline has passed in Washington state for minor party presidential candidates, and independent presidential candidates, to submit petitions. Already confirmed for the ballot are Rocky Anderson of the Justice Party, James Harris of the Socialist Workers Party, Gary Johnson of the Libertarian Party, and Peta Lindsay of the Party for Socialism and Liberation. The state still hasn’t checked the petitions for Jill Stein of the Green Party and Virgil Goode of the Constitution Party. See this story.

Tennessee major parties held their primaries on Thursday, August 2. The surprise winner of the Democratic Party primary winner is Mark E. Clayton, a floor finisher who did not campaign and whose issue stances are completely at odds with the Democratic Party. See this story about the primary.

The unofficial vote totals are: Mark Clayton 48,126; Gary Gene Davis 24,789; Park Overall 24,263; Larry Crim 17,383; Benjamin Roberts 16,369; Dave Handock 16,167; T. K. Owens 13,366. The total turnout, only 160,463 votes, is quite low, although Democratic primaries in Tennessee typically have low turnout in August. In 2008 only 183,348 voters voted in the U.S. Senate primary in August, although the 2008 Democratic presidential primary in February had 624,764 voters.

On August 3, the Democratic Party formally disavowed Clayton and said it might seek court action to replace him as the nominee. See this story. Whether a party can do that in Tennessee is still unsettled. The 6th circuit heard a somewhat similar case from Tennessee on January 17, 2012, and still has not handed down its decision. The U.S. District Court in that case, Kurita v The State Primary Board of the Democratic Party, said a party can replace a primary nominee with someone else.

Tennessee has open primaries. The Green Party, the Constitution Party, and the Libertarian Party, all have U.S. Senate nominees in Tennessee this year. However, the Tennessee Elections office so far refuses to list the Green Party nominee and the Constitution Party nominee on its web page, even though in February a U.S. District Court put those parties on the ballot and they certified their nominees. Thanks to Bill Van Allen for this news.