North Carolina Senator Suggests Legislature Will Work on Ballot Access This Year

Posted on by July 30, 2011
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This news story, from a blog that covers North Carolina politics, quotes Senator Tom Apodaca, chair of the Senate Rules Committee, as predicting that the legislature will consider ballot access this year. HB 32, which improves ballot access, has already passed the House and the Senate Rules Committee, but it has been unclear when it will go to the Senate. The regular legislative session for this year is already over, but there is a special session; also North Carolina has two-year sessions, so the bill could also advance early next year in the second half of the regular session.

Briefing Schedule Set in District of Columbia Write-in Counting Lawsuit

Posted on by July 30, 2011
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The U.S. Court of Appeals, D.C. circuit, has set a briefing schedule in Libertarian Party v D.C. Board of Elections, the case over whether election officials must count the votes cast for a declared write-in candidate for President. The three briefs should all be filed by October 25.

The case arose in 2008, when Bob Barr qualified for write-in status, in accordance with the D.C. Board of Elections’ own regulations. In order to achieve write-in status, Barr had to file the names and declarations of candidacy of three candidates for presidential elector. No other presidential candidate complied with this procedure. But the Board still wouldn’t tally his write-ins. The U.S. District Court then ruled that the government interest in saving money and trouble is more important than the right of voters to have their votes counted.

Tucson Daily Newspaper Belatedly Covers Ballot Qualification for Americans Elect

Posted on by July 30, 2011
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The July 30 Arizona Daily Star, Tucson’s daily newspaper, has this story about Americans Elect being a qualified party in Arizona. Americans Elect had turned in its party petition in Arizona on April 13, and in June the Secretary of State had said that the petition is valid. The story is interesting because it reveals that the Arizona petition drive used the services of 30 paid circulators.

California Governor Signs Bill Moving Presidential Primary from February to June

Posted on by July 29, 2011
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On July 29, California Governor Jerry Brown signed AB 80, which abolishes the February presidential primary, and merges it with the June primary held for other office.

Governor Brown has not acted on certain other election law bills that passed the same day that AB 80 did. They include SB 168, which outlaws paying initiative, referendum and recall circulators per-signature; AB 459, the National Popular Vote Plan bill; and AB 461, which legalizes write-in votes when the voter forgot, or didn’t know, to “X” the box next to the name written in. The Governor must decide what to do with these bills by August 8.

Maine Supreme Court Sets Oral Argument Date in Nader Case Against Democratic Party Behavior in 2004

Posted on by July 29, 2011
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The Maine Supreme Court will hear oral argument in Nader v Democratic National Committee on September 14, at 2 p.m. The case is a tort and request for damages, filed by Ralph Nader against Democratic Party dirty tricks in the 2004 election. The Court will hear arguments over whether a trial should be permitted. Similar lawsuits filed by Nader earlier in federal court were defeated by the federal statute of limitations, but Maine has a six-year statute of limitations so that isn’t a problem for Nader in this case. Maine was one of the states in 2004 in which Democrats tried to keep Nader off the ballot, although they did not succeed in Maine. However, the lawsuit covers activity in many states.