Tenth Circuit Sets Oral Argument in Constitution Party Lawsuit over Kansas Voter Registration

Posted on by November 15, 2011
5

The 10th circuit will hear Constitution Party of Kansas v Biggs, 11-3152, on January 18, 2012, Wednesday, at 9 a.m. in Denver. This is the case over whether Kansas must let voters register as members of parties that are not ballot-qualified but which are active in elections in that state. The Constitution Party placed its presidential nominee on the ballot in Kansas in 2004 using the independent candidate petition method, and in 2008 by having the ballot-qualified Kansas Reform Party nominate him.

Arizona Supreme Court Explains Why it Ruled Earlier that Recall Petition is Valid

Posted on by November 15, 2011
3

On November 14, the Arizona Supreme Court issued this 21-page opinion, explaining why last month it ruled that the recall petition against State Senator Russell Pearce is valid. The case is Ross v Bennett, cv-11-0264. The decision explains that miniscule irregularities in the wording of the recall petition should not be used as a basis to invalidate the petition. For example, opponents of the recall had complained that the circulator’s statement should have said, “I affirm a belief that each signer was a qualified elector of the election district on the date indicated”, but the petitions actually said that the circulator affirms a belief that “each signer is qualified to vote in the recall election.” The decision is unanimous.

Ohio Referendum Petition on Omnibus Election Law Almost Certainly has Enough Valid Signatures

Posted on by November 15, 2011
7

The Ohio Democratic Party to force a referendum on the 2011 omnibus election law bill almost certainly has enough valid signatures. It is very likely that Ohio voters will be voting on the measure on November 6, 2012. See this story. The story has a misleading title. Included in the omnibus election law bill was a provision easing the deadline for a new party to qualify for the ballot from four months before the primary, to three months before the primary. In September 2011, a U.S. District Court judge had ruled that although the new deadline is better than the old one, it is still unconstitutionally early.

Indiana Libertarian Won Partisan Race by One Vote

Posted on by November 15, 2011
8

On November 8, 2011, the town of Henry, Indiana, held partisan elections for Town Council. Each race was at-large but each race was a separate election. Two of the seats only had a Republican running. For the third seat, two candidates were on the ballot, Libertarian Dennis Denney and Republican incumbent Rebecca Hammer. The final results show that Denney received 93 votes and Hammer received 92. Thanks to Rick Hasen and Robbin Stewart for this news.

Hammer could ask for a recount, but she probably will not do so. Shirley has a population of 830 and is in east central Indiana, in Henry County. The Libertarian Party won three other partisan elections around the U.S. on November 8. The others were: (1) Susan Bell, Town Judge, Hagerstown, Indiana; (2) Miccah Shepherd, Clerk-Treasurer of Claypool, Indiana; (3) Erik Viker, Selingsgrove, Pennsylvania Town Council.

Pennsylvania District Attorney Seeks to Learn Identity of Voter Who Used Write-in Space on Ballot to Express a Hostile Opinion

Posted on by November 15, 2011
6

At the November 8, 2011 election in Monroe County, Pennsylvania, a voter wrote this message on his or her ballot in the space reserved for write-ins: “Both candidates corrupt and belong in prison or dead.” The Monroe County Elections Board asked the District Attorney to try to learn the identity of the voter who put this on the ballot, and to determine whether the message deserves criminal prosecution for conceivably making a threat. See this story. Thanks to Mel Kaplan for the link.