Alabama Senate Passes Ballot Access Bill by Margin of 26-5

Posted on by April 26, 2012
Reply

On April 26, the Alabama Senate passed SB 15. As amended, it lowers the number of signatures for minor parties and independent non-presidential candidates from 3% of the last gubernatorial vote, to 1.5% of the last gubernatorial vote. It also moves the deadline for newly-qualifying parties (but not for independent candidates) from primary day, to 22 days after the runoff primary. This year the runoff primary was April 24.

The bill has an urgency clause so if it is signed into law, it takes effect immediately. However, if it to be helpful in 2012, any minor party would need to move quickly, because the new petition deadline for minor parties would be May 16 this year. The number of signatures would be 22,415 for statewide office. Thanks to Richard Rutledge for this news.

Sixth Circuit Strikes Down Public University’s Requirement that Outside Visitors Must Give 14 Days Notice

Posted on by April 26, 2012
Reply

On April 23, the Sixth Circuit issued this opinion in McGlone v Bell, 10-6055. The issue was whether the plaintiff, a Christian who wanted to speak to students on a public college campus, could be barred if he didn’t apply fourteen days in advance before entering the campus. The Sixth Circuit also cast some doubt on the school’s policy that requires the speaker to identify himself or herself and explain the purpose and type of his speech. The latter issue was remanded back to the U.S. District Court for further inquiry.

The college is the Tennessee Technological University, in Cookeville, Tennessee. The decision will be helpful to petitioners throughout the states of the Sixth Circuit, which are Tennessee, Kentucky, Ohio, and Michigan.

Judge Refuses to Put Peta Lindsay on Peace & Freedom Party Presidential Primary Ballot

Posted on by April 26, 2012
Reply

On April 26, U.S. District Court Judge Garland E. Burrell declined to order the California Secretary of State to list Peta Lindsay on the Peace & Freedom Party presidential primary ballot. Here is the 14-page order. However, he said the case is not moot, and the case will remain alive for a fuller development of the issues.

The Secretary of State declined to put Peta Lindsay on the primary ballot because she acknowledges that she is under age 35 (she is 27). However, under a California State Court of Appeals ruling from 2010 (Keyes v Bowen), if the Peace & Freedom Party were to nominate her, the Secretary of State would be obliged to print her name on the November ballot. The order does not discuss that. It differentiates the treatment of Lindsay from the various lawsuits over whether the Secretary of State should investigate whether President Obama is eligible for the presidency by saying that the Obama matter is disputed, whereas the Lindsay matter is not.

This implies that if she had lied about her age, she could have been on the ballot.

Colorado City, Arizona, Retains Ability to its own Police Department

Posted on by April 26, 2012
Reply

Colorado City, Arizona, is a stronghold for an offshoot of the Church of Latter Day Saints that still adheres to polygamy. On April 25, the Arizona House defeated SB 1433, which would have ended the ability of cities to have police departments if at least 50% of the police officers of that city have had their certificates revoked during the last eight years. See this story. The bill had passed the State Senate unanimously. It was an attempt to place law enforcement in Colorado City under the control of the Mohave County Sheriff.