Rapid Increase in Colorado Registration for Americans Elect Keeps that Party on the Ballot for 2014

Posted on by November 17, 2012
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Colorado law lets a qualified party remain ballot-qualified if it has at least 1,000 registered members, even if it didn’t run any statewide candidates. Americans Elect registration in Colorado, although small, has been growing very fast, so that the party will automatically be on the ballot in 2014, assuming it keeps its registrants.

At the October 1, 2012 tally, Americans Elect first crossed the 1,000-member threshold, and had 1,197 registered voters. At the October 19 tally, it had 2,443 registrants. At the November 1 tally, it had 3,017. The party’s registration is highest in the First U.S. House district, which is centered on Denver.

Thomas Jefferson Center Files Amicus Curiae Brief in Virginia Case on Out-of-State Circulators

Posted on by November 17, 2012
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Last year, a U.S. District Court in Virginia struck down Virgina’s ban on out-of-state circulators. The state is appealing. On November 16, the Thomas Jefferson Center for the Protection of Free Expression filed this amicus curiae brief, on the side of the Libertarian Party. The Jefferson Center is 21 years old and is non-partisan; here is a description of the organization.

The amicus argues that the plaintiffs in the case, Libertarian Party of Virginia v Judd, do have standing. The state has been trying to persuade the 4th circuit that the plaintiffs don’t have standing.

Nevada Republican Party Joins the Pending Lawsuit Against “None of These Candidates”

Posted on by November 17, 2012
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The Nevada Republican Party has entered the pending federal case that argues that “None of these candidates” should not appear on the ballot in future Nevada elections, unless the law is amended to provide that if “None of these candidates” gets the most votes, that result has a binding effect (in other words, no one is nominated or elected, and a vacancy is created). The case is Townley v Miller, 9th circuit, 12-16881 and 12-16882.

The Republican Party seeks the join the case because it argues that having “None of these candidates” on the ballot, especially in general elections, harms the Republican Party and its nominees. On November 7, the 9th circuit granted the party’s motion to be added as a plaintiff. The case had originally been filed by some Nevada voters and some Republican Party nominees for presidential elector.

The Nevada law, putting “None of these candidates” on the ballot, only applies to statewide office, not district or local office.

Peace & Freedom Party California Lawsuit Has Potential to Explore Secretary of State’s Inconsistency in Determining Qualifications of Candidates

Posted on by November 17, 2012
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Even though the 2012 election is over, the federal lawsuit filed by the Peace & Freedom Party against the California Secretary of State’s decision to bar Peta Lindsay from the party’s presidential primary ballot is still alive. The case has the potential to explore California’s inconsistent behavior on candidate qualifications and ballot access. The case is Peace & Freedom Party v Bowen, eastern district, 2:12-cv-853.

On April 26, U.S. District Court Judge Garland Burrell had refused to order the Secretary of State to place Peta Lindsay on the June 2012 primary ballot. The Secretary of State had refused to put her on the ballot because she is younger than 35 years of age. However, so far, the Judge has not ruled on the Secretary of State’s motion to dismiss the case, which was filed on September 6. In the meantime, the court has said that, assuming the case is not dismissed, discovery is to be completed by July 9, 2013, and a trial will be held on February 11, 2014.

Plaintiffs want to explore the Secretary of State’s custom and practice concerning investigation of qualifications of candidates, and the actual decision-making process involved in her decision to rule Lindsay off the ballot. When various individuals have asked the Secretary of State, in the past, to investigate the qualifications of U.S. Senator John McCain and U.S. Senator Barack Obama, when they ran for President in 2008, the Secretary of State took the position that she has no authority to investigate qualifications. The Secretary of State also takes the position that she cannot judge the qualifications of candidates for the state legislature, even when everyone agrees that a particular legislative candidate does not meet the California Constitution’s duration of residency requirement.

Steve Hill Op-Ed, Analyzing California’s First Regularly-Scheduled Top-Two Election, Appears in Sacramento Bee

Posted on by November 16, 2012
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The November 16 Sacramento Bee has an op-ed by Steve Hill, analyzing how California’s first regularly-scheduled top-two election worked. See it here at Hill’s own web page. Hill’s own web page has a link to the Sacramento Bee, for readers who are already signed up to read articles at the Bee on-line.