Fourth Circuit Hears Arguments in Virginia Petitioner Residency Case

Posted on by May 12, 2011
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On May 12, the 4th circuit heard arguments in Lux v Judd, 10-1997. This is the case that challenges Virginia’s law making it illegal for anyone to circulate a petition for a candidate for U.S. House of Representatives, if that petitioner doesn’t live in the district. The U.S. District Court had upheld the law. The plaintiff, Herb Lux, had tried to get on the ballot in 2010 as an independent. He doesn’t live in the district he was running in. The state invalidated all the signatures he had collected for himself, because he doesn’t live in the district. The U.S. Constitution provides that candidates need not live in the district they are seeking to represent, so Virginia accepted him as a potential candidate, but said only residents could circulate his petition.

The three judges were Allyson Duncan, a Bush Jr. appointee from North Carolina; G. Steven Agee, a Bush. Jr. appointee from Virginia; and David Norton, a Bush Sr. appointee from South Carolina. The state tried to argue that the case is moot, but the judges didn’t seem to accept that argument. The judges seemed surprised that the only state interest asserted by Virginia is that the residency requirement guarantees that the candidate has a modicum of support within the district. This is a weak argument, because ever since the U.S. Supreme Court decision Meyer v Grant in 1988, no state has been permitted to stop anyone from paying anyone else to circulate a petition. Therefore, since any candidate is potentially free to hire residents of the district and pay them, the residency requirement is clearly not an indicator that all the candidate’s circulators necessarily support him or her.

Former U.S. Senator Fred Thompson Will Work for National Popular Vote Plan

Posted on by May 12, 2011
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On May 12, the National Popular Vote Plan advocacy organization held a press conference in Washington, D.C. The primary purpose was to announce that former U.S. Senator Fred Thompson is joining the group and will actively advocate for the Plan. Thompson was elected to the U.S. Senate from Tennessee in a special election in 1994, and re-elected to a full term in 1996. He also ran in the Republican presidential primaries in 2008, placing sixth. He is also somewhat well-known for his acting career.

Washington Cancels 2012 Presidential Primary and Kansas Probably Will Also

Posted on by May 12, 2011
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Washington Governor Christine Gregoire is set to sign HB 5119 on May 12. It eliminates the presidential primary. Also on March 12, the Kansas Senate passed HB 2080, which cancels that state’s presidential primary. Because the Kansas provision has passed both houses, it is extremely likely to be signed into law. The motivation for these bills in both states is to save money. Thanks to Frontloading HQ for this news. UPDATE: the Washington bill did get signed, as expected; see this story.

Eighth Circuit Hears North Dakota Ballot Access Case

Posted on by May 12, 2011
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On May 11, the 8th circuit heard arguments in Libertarian Party of North Dakota v Jaeger, 10-3212. The lawsuit challenges a North Dakota law that does not let parties nominate any candidates for state legislature unless approximately 10% to 15% of all the primary voters choose that particular party’s primary ballot. North Dakota has open primaries, so that any voter is free to choose any party’s primary ballot. But, once a voter chooses one party’s primary ballot, that voter is then unable to vote for anyone running in another party’s primary.

When open primary states hold primaries for minor parties, typically very few voters choose a minor party primary, because generally minor party primaries are uncontested, whereas major party primaries are generally contested. Here is an account of the oral argument. The three judges are Roger Wollman, a Reagan appointee from South Dakota; Kermit Bye, a Clinton appointee from North Dakota; and Bobby Sheppard, a Bush Jr. appointee from Arkansas.

Ballot Access Provisions Dropped from Missouri Omnibus Election Law Bill

Posted on by May 11, 2011
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On May 10, the Missouri legislature’s conference committee for SB 282 deleted the ballot access improvement part of the bill. The ballot access improvement would have deleted a typographical error from the existing law, which forces petitions to create a new party to list that party’s presidential candidate (if it expects to have a presidential nominee). Supposedly, some members of the conference committee said they were worried that this part of the bill “would help the Tea Party”, if the Tea Party ever expects to become a ballot-qualified party. Thanks to Ken Bush for this news.