D.C. Court of Appeals Won’t Block Raid On Ralph Nader’s Bank Account by Pennsylvania Democrats

On May 10, a 3-judge panel of the District of Columbia Court of Appeals refused to block Pennsylvania Democrats from seizing $56,928 from Ralph Nader’s bank accounts located in Washington, D.C. Back in 2004, Nader’s petition had been held to lack sufficient valid signatures. Under Pennsylvania’s unique system for checking signatures on petitions, when a petition is found not to have enough valid signatures, court costs are levied against the candidate. Here is the decision, Nader v Serody, 09-cv-906.

Later evidence revealed that Pennsylvania Democrats used state employees, on state time, for their challenge. They also used state computers for the work of readying the challenge. Some Pennsylvania legislative employees, and even one legislator, were later sent to prison for this. The Pennsylvania state courts had ordered Nader to pay costs before any of this had become known. But the D.C. Court of Appeals said if there is any injustice, the injustice lies in the Pennsylvania state courts, and the federal system requires D.C. bank officials to enforce orders of courts from outside the District in such cases.

Ironically, the D.C. Court of Appeals took so long to decide this case, that even more revelations about the 2004 Pennsylvania process came out after the hearing in D.C. The D.C. hearing was on April 21, 2010, and the judges took over two years to decide the case.

Michigan Panel of Experts Recommends an End to Party Nomination of State Supreme Court Justices

On April 26, the Michigan Judicial Selection Task Force recommended unanimously that Michigan change its method of electing State Supreme Court Justices. Michigan and Ohio are the only states in which parties nominate candidates for the State Supreme Court, and then voters elect them, but no party labels are permitted on the ballot.

Here
is the report of the Task Force. The Michigan system has been in place since 1963. Not all members of the State Supreme Court must run in partisan elections. Justices who are running for re-election need not go through the partisan system. But justices who are running for their first term must be nominated in state party conventions. Voters are kept somewhat in the dark, however, because in the multi-candidate elections held after the party conventions, party labels are omitted from the ballot.

Qualified minor parties have the same right to nominate candidates for Supreme Court Justice, and when minor parties do nominate such candidates, they usually get a very large vote. For instance, in 2010, Libertarian nominee Bob Roddis received 262,654 votes, whereas no statewide Libertarian nominee running in a race with party labels received more than 79,407 votes. But the large vote for Roddis didn’t give the Libertarian Party of Michigan any increased attention or status, because virtually no one knew that Roddis had been the Libertarian nominee.

A majority of task force members recommends continued election of State Supreme Court Justices, without involvement by party conventions. A minority favors gubernatorial appointment, with input from neutral bodies so as to limit unfettered discretion by Governors. Thanks to Steve Shumaker for the link.

Oklahoma Senate Appoints Six Members to a Conference Committee for Ballot Access Bill

On May 8, the Oklahoma Senate agreed to a conference committee for HB 1058, the ballot access bill that has passed both chambers, but in different forms in each house. The House version cuts the number of signatures to exactly 22,500 signatures. The Senate version leaves the current 5% formula, but improves ballot access in midterm years by changing the base for the calculation from 5% of the vote cast in the preceding presidential election year, to the preceding gubernatorial (midterm) year.

Washington State Grange, and Washington State, Ask U.S. Supreme Court for a Four-Week Extension to File Response in Top-Two Case

The Washington State Grange, and the Secretary of State, are asking the U.S. Supreme Court for a four-week extension of time in which to file their response to the cert petition in Washington State Democratic Central Committee v Washington State Grange, no. 11-1263. The U.S. Supreme Court virtually always grants such requests for more time to respond.

This move has important implications. If the state and the Grange had not asked for an extension, it is likely that the Court would have decided whether to hear this case before it goes on its summer recess. But because of the extension of time, everyone will now need to wait until October 2012 to learn if the Court is going to hear the case.