U.S. District Court Grants Injunctive Relief Against California’s Deadline for Newly-Qualifying Parties

On May 22, U.S. District Court Judge Percy Anderson granted injunctive relief to the Constitution Party and the Justice Party, against California’s January deadline for newly-qualifying parties to get on the ballot. The case is California Justice Committee, et al v Bowen, 2:12cv03956. Here is the order.

Injunctive relief can only be granted when there is a substantial likelihood that the challenged law is unconstitutional. It is likely that in the near future, the California deadline will be held unconstitutional and the legislature will need to write a better law. This is the first ballot access law affecting minor parties and independent candidates in California that has been either enjoined or declared unconstitutional since 1988. In 1988, a U.S. District Court struck down California’s old 60-day period for independent presidential candidates. The legislature then expanded it to 105 days.

This new California development will assist similar deadline lawsuits now pending in Oklahoma, Alabama, North Carolina, Montana, and New Mexico. It will also help to retain the victory already won against Ohio, where the state legislature is still appealing. UPDATE: here is a press release about the decision.

European Court of Human Rights Issues Ruling on British Ban on Prisoner Voting

On May 22, the European Court of Human Rights issued a new opinion on whether Great Britain is in violation of that Court’s 2005 ruling which said adult citizens who are in prison must be allowed to vote. See this story. The new ruling acknowledges that European nations who have agreed to obey the court’s rulings do have wide discretion on how to implement that court’s rulings. Nevertheless, it appears the Court will not back down on its earlier basic ruling. Thanks to Thomas Jones for the link.

Protestors Disrupt Michigan Legislative Hearing on Election Law Bills

On May 22, the Michigan House Local Government and Urban Policy Committee passed some election law bills, but angry protestors in the room made it necessary for marshalls to escort some members of the Committee out of the hearing room. See this story. The bills require government photo-ID to vote absentee, and place restrictions on groups that wish to register voters, and make it more difficult in some circumstances for local governments to retain control over their spending and budgetary authority. Thanks to Thomas Jones for the link.

American Independent Party of California Postpones Presidential Convention from June 8 to August 11

According to Mark Seidenberg, the American Independent Party, a ballot-qualified party in California, will hold its presidential nominating convention in Sacramento on August 11, 2012, instead of the previously announced date of June 8.

Between 1992 and 2007, the American Independent Party functioned as the California unit of the Constitution Party. However, in 2008, the American Independent Party did not nominate the Constitution Party’s presidential candidate, and instead nominated Alan Keyes, who had sought the Constitution Party’s presidential nomination but who had not received the Constitution Party nomination.