All Briefs Filed in Ohio Libertarian Party Ballot Access Case; Hearing Set for August 30

All briefs have been filed in the new Ohio Libertarian Party ballot access lawsuit. The hearing is set for Tuesday, August 30, at 9 a.m., before Judge Algenon Marbley, in the U.S. District Courthouse in Columbus.

The Libertarian Party argues that it violates due process for the Secretary of State to have terminated the party’s ballot status last month, partly because the party had intended to participate in two partisan city elections this fall. In response to that argument, the Secretary of State’s brief says the Libertarian 2011 nominees may have the party label “Libertarian” placed next to their name on the November 8, 2011 ballot, even though the party (in the Secretary of State’s eyes) is no longer qualified. The Secretary of State’s brief merely asserts that the party label will be permitted, but does not explain by what legal authority the Secretary of State expects the party label to be on the ballot. Ohio law does not permit any party labels on any ballot, unless the party is qualified.

The Secretary of State’s brief appears to contradict itself, because in another part it insists that the Secretary of State cannot leave the party on the ballot, because a 2008 court ruling established that only state legislatures can write ballot access restrictions, and that state administrators cannot constitutionally write their own ballot access laws. Therefore, it seems to follow logically that the Secretary of State has no authority to leave the label “Libertarian” on the 2011 ballots.

The Secretary of State’s brief also argues that the new ballot access law, providing for an early February petition deadline for petitions to qualify a party, is constitutional. However, the Secretary of State’s brief does not cite any authority that allows a petition deadline that early. All of the precedents mentioned in his brief that upheld petition deadlines dealt with May, June, or July petition deadlines. Here is the Libertarian Party’s rebuttal brief.

Three-Candidate TV Debate in Special New York U.S. House Race

New York fills the vacant 9th district U.S. House seat on September 13. Three candidates are on the ballot: Democrat David Weprin, Republican Bob Turner, and Socialist Workers nominee Christopher Hoeppner. All three candidates debated on Queens Public TV on August 23. The debate will be broadcast on four dates: (1) Friday, September 2, at 7 p.m.; (2) Friday, September 9, at 7 p.m.; (3) Sunday, September 11, at 10 p.m.; (4) Tuesday, September 13, at 10 a.m.

Pennsylvania Ballot Access Activists Prepare You Tube on How to Lobby State Legislators

Pennsylvania Ballot Access activists have posted this 5 and one-half minute you tube, on how activists can lobby their state legislators for better ballot access laws. The video is most useful to people in Pennsylvania, but it is also valuable for other states with bad ballot access laws.

The two recent statewide general elections in Pennsylvania with no minor party or independent candidates (referred to in the film) were 2006 and 2010. In 2010, Pennsylvania was one of only five states that had a statewide partisan election with a Democratic-Republican monopoly. The others in 2010 were Alabama, Kentucky, New Mexico, and Washington.

U.S. District Court Validates Illinois Primary Petitions Even if Boundaries Change

Although Illinois has drawn new U.S. House district boundaries for the 2010’s decade, those boundaries are under legal attack and could conceivably change before the March 2012 primary. On August 26, a U.S. District Court in Chicago ruled that signatures collected by candidates seeking a place on the primary ballot in 2012 are valid, even if the boundaries later change. See this story.

This ruling may help the Illinois Green Party, which is fighting to retain its qualified status in over a dozen U.S. House and state legislative districts. Illinois says a party that polled 5% for a partisan district office in one election is then qualified to be on the ballot automatically in the next election for that district office, even if the party is not qualified statewide. However, even though the Green Party has this status in over a dozen districts from the 2010 election, elections officials may eliminate the party’s status on the grounds that the boundaries of those districts changed.