Briefs on Both Sides Filed in Nevada Lawsuit Over Whether None of the Above is Unconstitutional Unless it is Binding

Both sides have filed briefs in Townley v State of Nevada, in U.S. District Court, 3:12cv-310. Plaintiffs are voters, and two Republican presidential elector candidates, who argue that “None of the Above” must either be made binding, or must be removed from the ballot. Nevada prints “None of the Above” on primary and general election ballots for statewide office. But when NOTA wins, it has no effect.

The plaintiffs argue that the voters who choose NOTA are not being treated equally, because a vote for NOTA is a vote but the state isn’t giving that vote any legal effect. Here is the state’s brief, and here is the plaintiff’s brief.

Winner of Republican Legislative Primary in South Carolina Is Removed from November Ballot

Ed Harris, who won the Republican primary in South Carolina for State House, district 3, has been removed from the November ballot. The Republican Party now has no nominee for that seat. See this story. Harris is another one of the candidates who didn’t file a Statement of Economic Interests, both electronically and on paper, early this year. Almost 200 candidates for state and local partisan office were disqualified from the June 12 Republican and Democratic primaries, but Harris is apparently unique in being disqualified after he won a primary. The Republican Party says it should never have let him appear on the primary ballot.

Harris is petitioning to be an independent candidate, but the petition is due on July 16. UPDATE: see this article.

Michigan Will Hold Special U.S. House Election to Fill Vacant Seat

Michigan will hold a special election to fill the vacant U.S. House seat, the 11th district seat. The seat is vacant because Congressman Thad McCotter resigned suddenly after his petition to be on the Republican primary ballot was found insufficient. He could have run as a write-in in the August primary but he chose not to. See this story. The special election will be November 6, and the term will be for only two months.

The U.S. Constitution does not permit anyone to serve in the House unless that person is elected. Thanks to Thomas Jones for the link.

Seven Parties Will be Represented in Lower House of Mexico’s Congress

Mexico held presidential and congressional elections on July 1. Seven parties won seats in the lower house of Congress. See this story. Mexico uses proportional representation for elections to the lower house of Congress.

No session of the U.S. House of Representatives has ever had as many as seven parties represented. The Congress elected in 1914, as well as the one elected in 1916, had five nationally-organized parties represented: Democratic, Republican, Progressive, Socialist, and Prohibition. No Congress since then has had representatives from that many parties.