Link to President Obama’s January 18 Brief in Georgia, Asking that Subpoena be Quashed

Posted on by January 22, 2012
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Here is the “Motion to Quash Subpoena” filed by President Obama’s attorney in the Georgia case that challenges the President’s qualifications to be on the March 6 Georgia presidential primary. It is eight pages. The Administrative Judge was not persuaded by this brief, because it was on January 20 that he declined to quash the subpoena. The case is Farrar v Obama. The main argument made in this brief is that a Georgia state court subpoena is not effective if it is not served in Georgia. Thanks to Bill Van Allen for the link.

Houston Chronicle Story on Uncertain Texas Primary Date

Posted on by January 22, 2012
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On January 22, the Houston Chronicle published this story about the unknown date of the coming Texas primary. The story is interesting because it points out that the later the primary is, the better that is for non-incumbents who want to challenge incumbents in a primary.

No Texas journalist ever thinks to mention the effect of the primary date on petitioning for independent candidates and minor political parties. As has been said here several times, petitioning in Texas for independent candidates and political parties can’t start until after the primary. And the petition deadline for independent presidential candidates is fixed in the law as the second Tuesday in May, or May 14, 2012.

Politex Lists All Ten Unqualified Texas Parties who Filed Notice of Intent to Petition in 2012

Posted on by January 22, 2012
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Texas has a unique law, requiring that any group that intends to petition for party status must notify the state no later than January 2 of an election year. This year, ten groups filed the notice, more than ever before. The requirement has existed since 1993, has never been tested in court, and would probably be held unconstitutional if a new party formed after January 2 ever challenged it in court.

The ten groups that filed the notice are described in this Politex story. The ten are Americans Elect, Christian, Constitution, Generation, Justice, Make America Great, Reform, Revive America, Socialist, and Texas Independent Party. The Christian and Generation Parties have recently said that they don’t really expect to petition in 2012, although because they filed the notice, they are legally free to do so. Thanks to Bill Van Allen for the link.

Elected New Jersey Legislator May be Blocked from Taking Her Seat Due to Residency Requirement

Posted on by January 22, 2012
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On November 8, 2011, Gabriela Mosquera, the Democratic nominee for Assembly, 4th district, was elected to the legislature with a margin of 20,000 votes. A month later, her Republican opponent charged that Mosquera had not lived in the district for a full year. She was short 50 days.

On January 5, a lower state court in Camden blocked Mosquera from taking the oath of office. On January 27, the New Jersey Supreme Court will hear the case. It is conceivable the State Supreme Court will rule the one-year duration of residency requirement within the district violates the U.S. Constitution. Or it is conceivable that the court will find another resolution. See this story. The Fourth District is in Camden and Gloucester Counties.