On December 28, former New Mexico Governor Gary Johnson formally declared that he is seeking the Libertarian Party presidential nomination. See this story. Except for several southern Governors who had supported racial segregation, Johnson is the first former Governor to seek the presidency outside of the major parties since 1924, when Robert La Follette, a former Governor of Wisconsin, ran for President as an independent Progressive.
As reported earlier, on November 21, 2011, the Peace & Freedom, Libertarian and Green Parties filed a lawsuit in state court against the essence of the top-two system. Hearings are now set in that case, which is in Alameda County Superior Court and is called Rubin v Bowen. On March 13 the court will hear the plaintiffs’ request for an injunction against Proposition 14. And on March 20, the court will hear the motion by the state to dismiss the case. Thanks to Dave Kadlecek for this news.
On December 27, Texas Governor Rick Perry sued Virginia in federal court over its residency requirement for circulators. The case is Perry v Judd, 3:11-cv-856. Here is the complaint.
According to this story, Rhode Island Republican Party officials are worried that the leading Republican presidential candidates will have trouble getting on the Rhode Island presidential primary ballot. The law requires 1,000 signatures between January 19 and February 2. The Rhode Island Republican Party is considering the idea of circulating a petition on behalf of each of the candidates it recognizes as legitimate. Any registered voter may sign, but the signatures must be collected in winter weather.
Rhode Island once placed presidential primary candidates on the ballot automatically if they were discussed in the news media. However, that old law was enjoined by a U.S. District Court in 1992. That case, Duke v Connell, 790 F.Supp. 50, was won by David Duke, who had been barred from the Republican presidential primary on the grounds that the major news media didn’t discuss his candidacy for the Republican nomination. The judge felt the law is too vague. These “media” laws are common around the country, and have been upheld in many other states, although the Kentucky “media” law was also invalidated. Because of the David Duke decision, the Rhode Island legislature started requiring 1,000 signatures for presidential primary candidates. Thanks to Bill Van Allen for the link.
Lori Maslow has obtained an extension of time in which to file a cert petition in the U.S. Supreme Court, over her case involving who can circulate a candidate petition in a primary election. Maslow and her husband are not registered to vote in the same party in New York. She wanted to help circulate her husband’s petition to get on the ballot in the primary, but state law made that illegal, because she is not a member of his political party. The 2nd circuit upheld the restriction that only members of a party may circulate candidate petitions to get on that party’s primary ballot.
Her cert petition would have been due in three days, but she has obtained an extension until January 31, 2012, to file. The case is Maslow v Board of Elections in the City of New York.
