U.S. District Judge in Georgia Still Hasn’t Acted on Reconsideration Request in Ballot Access Case

Posted on by September 20, 2012
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U.S. District Court Judge Richard W. Story, a Clinton appointee, ruled against the Constitution Party and the Green Party in their presidential ballot access case on July 17, before the state had even answered the complaint. He relied on precedents that do not involve presidential elections, and seemed not to notice that the case only concerns presidential ballot access.

Plaintiffs asked for reconsideration on July 24. Almost two months has passed and Judge Story has taken no action on the request for reconsideration. The case is Green Party of Georgia v State, northern district, 1:12cv-1822.

U.S. Supreme Court Puts Arizona Voter Registration Case on October 5 Conference

Posted on by September 20, 2012
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The U.S. Supreme Court will consider whether to hear Arizona v Inter Tribal Council at its October 5 conference. This is the lawsuit, formerly named Gonzalez v Arizona, over whether Arizona can require extra information when individuals who are registering to vote use the federal postcard voter registration form. The federal form does not ask for proof that the applicant is a U.S. citizen (other than the applicant’s signature, signed under penalty of perjury). Arizona law requires that such proof be attached when individuals register to vote. The Ninth Circuit had ruled that Arizona is not free to (in effect) amend the federal form with additional requirements. In the U.S. Supreme Court, the case is 12-71. Thanks to Thomas Jones for this information.

When the Ninth Circuit heard this case, one of the three judges was retired U.S. Supreme Court Justice Sandra Day O’Connor. Occasionally retired U.S. Supreme Court Justices sit on U.S. Court of Appeals panels.

California State Appeals Court Keeps Local Initiative on Ballot

Posted on by September 20, 2012
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On August 1, a California Superior Court in Riverside County removed a local initiative from the ballot, on the grounds that the initiative (to ban red-light cameras) is a matter of statewide concern and cannot be the subject of a local initiative. The red-light cameras were installed by the city government of Murrieta. But on August 11, the State Appeals Court stayed the decision, so the ballot was then printed with the initiative.

On September 18 the State Appeals Court issued its opinion. It says it is not generally proper to remove initiatives from the ballot before they receive a vote, and clarified that the initiative belongs on the ballot. If the measure passes, then opponents can file a new lawsuit, on whether red-light cameras can ever be the subject of a local initiative in California. Serafin v The Superior Court of Riverside County, E056868.

U.S. House Passes Bill to End Public Funding for National Conventions

Posted on by September 20, 2012
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On the evening of September 19, the U.S. House passed HB 5912 by a vote of 310-95. This is the bill to end public funding for national party conventions. The only parties that have ever received public funding to pay for their national conventions have been the Democratic and Republican Parties in years 1976 through 2012, and also the Reform Party received such funding in 2000. The FEC later determined that much of the money sent to the Reform Party for its 2000 national convention had not been spent properly. The FEC asked for repayment, but that repayment was never made, because by the time the court proceedings over repayment were over, the Reform Party had virtually no assets.

The vote in the House needed 2/3rds, and the bill did receive 2/3rds. Every Republican who voted voted “Yes”. Democrats split on the issue, with 85 Democrats voting “yes” and 95 Democrats voting “no”, and ten Democrats not voting.

Pennsylvania Challenge Process Expected to Continue Into Next Week

Posted on by September 20, 2012
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The Pennsylvania challenge process for the statewide Libertarian Party is still proceeding, and it is not expected to be finished until next week. Federal law requires that foreign absentee ballots be mailed no later than Saturday, September 22.

In the past, when Pennsylvania’s process hasn’t been finished in time for the deadline for mailing overseas absentee ballots, the state has printed the challenged candidate’s name on the ballot, with the understanding that if the challenge succeeds in the end and defeats ballot access, the overseas voters will be sent notice that votes for certain candidates won’t be counted. Obviously this is a flawed and cumbersome process. There is always the hope that the objectors will give up their challenge, because statistically, it is extremely likely that the Libertarian petition has enough valid signatures.