Carl Lewis Decision Expected Momentarily

Carl Lewis, the former Olympic track star who is trying to get on the ballot to be the Democratic nominee for State Senate, New Jersey 8th district, and others, expect a ruling at any time in his federal case. See this story. An oral argument set for September 1 was cancelled by the judge, who will rule without any more hearings. The issue is whether Lewis meets the residency requirement of the New Jersey Constitution, and alternatively whether the New Jersey Constitution violates the U.S. Constitution. A state court has already determined that Lewis does not meet the residency requirement, which requires four years residence in the state. Lewis voted in California in 2009.

The election is November 8, 2011. Election officials must start printing the ballot no later than September 8.

Ohio Legislators Expect to Soon Introduce a Stand-Alone Bill to Move Presidential Primary from March to May

According to this story, Ohio Republican and Democratic state legislators agree on the need to soon introduce a stand-alone bill that moves the 2012 primary from March to May. The legislature already passed a bill to do this, but it was part of the omnibus election law bill that may be suspended if opponents of the omnibus election law bill get enough signatures by the end of September.

If the proposed bill really does nothing but move the 2012 primary from March to May, then the law would require 2012 petitions for newly qualifying parties to be due in the first week in January. By contrast, if nothing is done and the referendum petition fails, the deadline will be early February. And if the referendum petition succeeds and the proposed new bill does not pass, then the petition deadline would be November of the year before the election. Thus, without court action, that deadline is utterly unpredicatable. Of course, a court decision is expected very soon on the constitutionality of the deadline. Thanks to Frontloading HQ for the link.

Ban on Non-Permanent Resident Alien Contributions to Candidates is Appealed to U.S. Supreme Court

As noted earlier, on August 8, 2011, a 3-judge U.S. District Court in Washington, D.C., upheld federal campaign laws that make it illegal for aliens who lawfully reside in the U.S., but who do not have permanent residency status, to make contributions to candidates. The case, Bluman v Federal Election Commission, has already been appealed to the U.S. Supreme Court. Here is the jurisdictional statement. Thanks to Rick Hasen for the link.

The “question presented” is: “Whether Congress violates the First Amendment by making it a crime for individuals who lawfully reside in the United States, but are neither U.S. citizens nor ‘permanent residents’ under the immigration laws, to make independent expenditures or campaign contributions in connection with any federal, state, or local election; or whether, as the district court held, the ban satisfies strict scrutiny as a ‘piecemeal’ attempt to reduce the ‘influence’ on ‘how voters will cast their ballots’ of aliens whom Congress may suspect of lacking ‘primary loyalty’ to the nation.” One of the plaintiffs is a citizen of Canada and wants to contribute to Democrats; another is a citizen of Israel and wants to contribute to Republicans.”

B.A.N. will go out on a limb here, and predict that the U.S. Supreme Court will not hear this case.