Ohio Secretary of State Will Decide Whether to Appeal Hunter Decision on Equal Protection and Provisional Ballots

On February 13, the Hamilton County, Ohio, Board of Elections, voted on whether to appeal the Hunter lawsuit to the U.S. Court of Appeals, 4th circuit. This is the somewhat famous lawsuit on whether or not certain provisional ballots should be counted, in a November 2010 Juvenile Court partisan race. The Republican members of the Hamilton County Board of Elections voted to appeal, and the Democrats voted not to appeal. In Ohio, when a County Election Board has a tie vote, the Secretary of State breaks the tie.

The U.S. District Court had ruled on February 8 that the provisional ballots should be counted, even though they were cast in the wrong precinct, but in the correct building. The basis for the decision was that, even though Ohio provisional ballots are void if they are cast in the wrong precinct, the county had counted certain other provisional ballots that hadn’t been cast in the correct precinct.

The lawsuit has lasted so long already, the judicial office in question has been vacant for fifteen months. See this story.

Only Eighteen Absentee Votes Cast so Far in Republican Presidential Primary in Arlington, Virginia

Arlington, Virginia, is a city-county with a population of 207,627. According to this story, absentee voting in Virginia for the March 6 Republican presidential primary has been underway for three weeks, and so far only eighteen ballots have been cast. This is a slight clue that turnout for that primary will be exceptionally low. Any registered voter is free to vote in that primary. The only names on the ballot are Mitt Romney and Ron Paul, and write-ins are not allowed. Thanks to Bill Van Allen for the link.

Socialist Equality Party Names National Ticket

On February 13, the Socialist Equality Party announced that it will run Jerry White for President, and Phyllis Scherrer for Vice-President. See this release from the party. This is the fourth ticket by a party with “Socialist” or “Socialism” in its name so far in 2012. The others are the Socialist Party, the Party for Socialism and Liberation, and the Freedom Socialist Party.

The Socialist Equality Party was founded by people who had originally established the Workers League. The Workers League first ran candidates for public office in 1974, but didn’t run its first presidential candidate until 1984.

The Socialist Workers Party, which has run a presidential candidate in every election starting in 1948, still has not nominated a national ticket. Thanks to Bill Van Allen for the link.

General Counsel for Virginia Republican Party Says States Should Repeal Ballot Access Restrictions that Aren’t Absolutely Necessary

Lee Goodman, General Counsel to the Virginia Republican Party, recently said, “States should study each and every condition they impose upon ballot access to ensure it is absolutely necessary to advance the government’s interest. Too often, burdens on ballot access become stale, and each state should reconsider its legal burdens, including Virginia.” See this story. Thanks to Bill Van Allen for the link.

Judge Sets Status Conference in Alabama Ballot Access Lawsuit

On January 10, 2012, the Constitution, Green and Libertarian Parties filed a lawsuit against the Alabama procedure for qualifying new and previously unqualified parties for the ballot. On February 9, U.S. District Court Judge William K. Watkins set a status conference for the case, to be held February 16 at 2 p.m. This quick action will probably make it possible for the case to be expedited.