William Danielczyk, Convicted of Making a Campaign Contribution from His Corporation, Asks U.S. Supreme Court for Relief

Posted on by November 10, 2012
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On November 8, William P. Danielczyk asked the U.S. Supreme Court to rule that he should not be convicted of the crime of arranging for his corporation to make a campaign donation to a candidate for federal office. The U.S. District Court in his case had ruled that the federal law banning corporations from making contributions to federal candidates is unconstitutional. The 4th circuit had reversed the U.S. District Court, and upheld the law banning corporation contributions to federal candidates.

Danielczyk argues that the distinction between corporations making independent expenditures, versus making direct contributions, is not meaningful. The case is Danielczyk v U.S., 12-579. The federal government’s response brief is due December 10. Afterwards, the U.S. Supreme Court will decide whether it wants to hear this case. Thanks to Rick Hasen for this news.

Liberty Union Party Polls its Highest Percentage of the Vote in its 42-Year History

Posted on by November 10, 2012
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On November 6, the Liberty Union Party of Vermont polled 13.4% for Secretary of State, its best statewide showing ever in its 42-year history. It has been on the ballot in all Vermont elections continuously starting in 1970. This year, its nominee for Secretary of State, Mary Alice Herbert, was the only candidate on the ballot against the incumbent Secretary of State, James C. Condos.

The party’s previous best showing for a statewide office had been 10.3%, for Treasurer, in 1978.

The only parties in any state, other than the Democratic and Republican Parties, who have been on the ballot continuously for a longer period are the New York Conservative Party (starting in 1962), and the American Independent Party of California (starting in 1968).

The Liberty Union Party usually chooses a presidential nominee from among the various presidential candidates of parties of the left. Its presidential nominees have been: 1972 Benjamin Spock (Peoples Party); 1976 no nominee; 1980 David McReynolds (Socialist Party); 1984 Dennis Serrette (New Alliance Party); 1988 Willa Kenoyer (Socialist Party); 1992 Lenora Fulani (New Alliance Party); 1996 Mary Cal Hollis (Socialist Party); 2000 David McReynolds (Socialist Party); 2004 John Parker (Workers World Party); 2008 Brian Moore (Socialist Party); 2012 Stewart Alexander (Socialist Party). The party was barred from the ballot for President in 2012 because of a new law that requires qualified minor parties to submit their presidential nominee no later than June, whereas qualified parties that nominate by primary have until September to make their choice.

Because Liberty Union polled over 5% for a statewide race in 2012, it will now has “major party” status again, and its own primary. It had last had that status after the 2006 election.

Kansas Democratic Legislator Wins Court Order to Obtain List of Provisional Voters in Her District

Posted on by November 9, 2012
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On November 9, a Democratic state representative in Kansas won a court order which will let her see the names of the approximately 150 people who cast provisional ballots in her district. The preliminary election returns show that she lost by 27 votes. However, there are provisional ballots that will be counted if the voter returns to the county elections office with certain information that the voter was unable to provide at the polls. The state legislator and her campaign want to contact those voters and assist them to validate their provisional ballots. See this story.

The Secretary of State and the elections officials resisted, because they believe it violates the privacy of those voters for anyone to know that they did, indeed, cast a provisional ballot.

South Carolina Democratic Party Wins Court Order for a Recount of All Votes in State’s Most Second-Most Populous County

Posted on by November 9, 2012
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On November 8, the South Carolina Democratic Party won a lawsuit against the Richland County Election Commission. As a result, all the votes in the county, which is the state’s second-most populous county, will be recounted. Furthermore, the recount will be conducted by workers from the two major parties, rather than county election employees. See this story. Not all of the many problems mentioned in the story can be cured with a recount, however, especially the problem that many precincts did not have the legally required number of voting machines.

Richland County contains Columbia, the state capital.

U.S. Supreme Court Accepts Alabama Case on Whether Section 5 of the Voting Rights Act is Still Constitutional

Posted on by November 9, 2012
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On November 9, the U.S. Supreme Court agreed to hear Shelby County, Alabama v Holder, 12-96, over whether section 5 of the federal Voting Rights Act is still constitutional. Section five is the part of the law that requires certain states and smaller jurisdictions to get approval from the U.S. Justice Department before changing any election law or practice.

The lower court, a 3-judge U.S. District Court in Washington, D.C., had ruled in favor of section 5.