Reconsideration Request in Georgia Ballot Access Case Has Now Been Pending for Six Months

The Green Party and the Constitution Party sued Georgia over presidential ballot access on May 25, 2012. U.S. District Court Judge Richard W. Story dismissed the case on July 17, ruling that Jenness v Fortson (the 1971 U.S. Supreme Court opinion that upheld a 5% petition) precludes the lawsuit from having any chance of success.

A week later, the two parties filed a request for reconsideration, pointing out that both the U.S. Supreme Court, and more explicitly the 11th circuit itself, had ruled that Jenness v Fortson doesn’t control presidential election ballot access. The request for reconsideration is now six months old, and Judge Story has neither denied it, or granted a rehearing. He has simply done nothing. Such slow movement in a reconsideration request is very unusual. However, this delay is bad for the public interest. If Judge Story would act on the request for reconsideration now, the Georgia legislature could take cognizance of the issue and perhaps deal with the problem.

Washington State Initiative that Eases Ballot Access for Initiatives Qualifies for the Ballot

The Washington Secretary of State has determined that I-517 has enough valid signatures and will be on the November 2013 ballot. I-517 is an initiative that, if passed, would make it easier to qualify initiatives in Washington state. It expands the petitioning period from six months to one year, and outlaws various forms of harassment of petitioners. Thanks to Paul Jacob for this news.

Gary Johnson Campaign Receives More Primary Season Matching Funds from FEC

On January 9, 2013, the Gary Johnson presidential campaign received another $121,755.77 in primary season matching funds from the Federal Election Commission. This is in addition to the December 19, 2012 payment of $202,026, and to amounts received earlier in 2012.

Therefore, the total amount of primary season matching funds that was received for the entire Johnson campaign now totals $632,016.75.

Florida Secretary of State Fines Green Party $10,000 for Being 15 Hours Late with its Financial Report

On November 5, the Florida Secretary of State notified that Florida Green Party that because the party’s financial report had been due on November 2, and it was not actually filed until November 3, the party owes a fine of $10,000. The party has appealed this decision. The party treasurer tried to file the report on November 2 electronically but computer problems made that impossible. The party points out that the report was only 15 hours late, and that the fine seems excessive, given that the party’s income and expenditures for the period covered by the Report were both under $1,000. As far as is known, the Florida Secretary of State has not yet ruled on the party’s appeal.

Virginia Ballot Access Bill Passes Senate Committee

On January 23, the Virginia Senate Privileges and Elections Committee passed SB 690 by a vote of 10-5. This is the bill that eases the petition requirement for all presidential candidates, whether they are running in a presidential primary, or are petitioning to get on the November ballot. It cuts the number of signatures from 10,000 to 5,000.

The eight Republicans on the Committee supported the bill by a margin of 7-1. The Democrats on the Committee were split, with 3 supporting the bill and 4 opposing it. Thanks to Tom Yager for this news.