North Carolina Ballot Access Case Docketed in U.S. Supreme Court

Posted on by January 16, 2012
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The North Carolina ballot access case is now docketed in the U.S. Supreme Court. It is Greene v Bartlett, 11-868. It challenges the ballot access law for independent candidates for the U.S. House. The law is so severe, no independent candidate for U.S. House has ever appeared on a government-printed ballot for that office in North Carolina. North Carolina has been using government-printed ballots since 1901.

In 2010, the Service Employees International Union decided to support an independent candidate for U.S. House in one district in North Carolina, and it submitted a petition, which was checked and found to be valid. However, the candidate named in that petition refused to run. But because the petition appears to have succeeded, the U.S. District Court, and the 4th circuit, said that the procedure is not impossible, and upheld it. No evidence was ever gathered about the SEIU petition drive, but it probably cost the SEIU between $50,000 and $100,000 for paid petitioners. The law requires the signatures of 4% of the registered voters in the district, which is approximately 20,000 valid signatures. The law also requires a large filing fee in addition.

New Mexico Republican Party Wins Partial Injunctive Relief in Campaign Finance Lawsuit

Posted on by January 16, 2012
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On January 5, the New Mexico Republican Party won part of its lawsuit against certain New Mexico campaign finance laws that limit contributions to political parties. Judge William Johnson, a Bush Jr. appointee, enjoined the state from enforcing a $5,000 limit to political parties, if the money will be spent on independent expenditures. But he refused to enjoin the state from enforcing the $5,000 limit if the money will be used by the party to directly help its nominees.

Also, the judge ruled that the New Mexico limits on political parties cannot be applied to federal campaigns. The state had conceded that point. The case is Republican Party of New Mexico v King, 1:11-cv-900. Here is the 15-page order. Thanks to Rick Hasen for the link.

Former Ohio Judge Told His Petition is Seven Signatures Short; Files Lawsuit to Get on Ballot

Posted on by January 16, 2012
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William M. O’Neill, a former Ohio State Appeals Court judge, has filed a lawsuit against Ohio elections officials, after they determined that his petition to be on the Democratic primary ballot for Justice of the Ohio Supreme Court only has 993 valid signatures. He needed 1,000. He filed his lawsuit directly with the Ohio Supreme Court, and he is asking that the case be expedited.

O’Neill says one of the signatures invalidated is the husband of former Secretary of State Jennifer Brunner, and that this is just one example of sloppy petition-checking by elections officials. See this story. The primary is March 6.

All Presidential Primary Petitions in Illinois Challenged, Except for Buddy Roemer’s Petition

Posted on by January 16, 2012
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In Illinois, presidential primary candidates need 3,000 signatures to appear on a presidential primary ballot. Every Illinois presidential primary petition has been challenged, except for the Buddy Roemer petition. The deadline for filing challenges was January 13, and most of the challenges were filed during the last hour. See this story about the Republican presidential primary petition challenges, and see this story about the challenge to President Obama’s petition validity. UPDATE: here is a Chicago Tribune story.

In the past, a tradition has existed in Illinois that presidential primary petitions were never challenged, but that tradition seems not to apply this year. The only Republicans who filed in Illinois this year, besides Roemer, are Newt Gingrich, Ron Paul, Rick Perry, Mitt Romney, and Rick Santorum. President Obama is the only person who filed in the Democratic primary. See this link to the Illinois State Board of Elections web page, listing the candidates and noting which ones have been challenged. Thanks to Jack Dean for this news.