Sixth Circuit Sets Briefing Schedule for Tennessee Request to Remove Green and Constitution Parties from Ballot

The Tennessee Secretary of State’s brief in the Sixth Circuit is due on June 12, in Green Party of Tennessee v Hargett, 12-5271. The state’s brief will try to persuade the Sixth Circuit to remove the Green Party, and the Constitution Party, from the November 2012 ballot. The U.S. District Court had ordered that they be put on the ballot. The state will probably argue that those two parties have not shown a modicum of voter support.

In the meantime, even though the Constitution Party has filed its candidates with the state, the state’s web page does not include the Constitution Party nominees on the list of candidates. This is having a discouraging effect on the party’s candidates. Their attempts to campaign are injured because they are not found on the Secretary of State’s web page. The Green Party has not yet had its nominating convention.

U.S. Supreme Court Gives Top-Two Supporters Until June 22 to File Response Briefs

The U.S. Supreme Court has extended the deadline for Washington state, and the Washington state Grange, to file their responses in the case challenging top-two election systems. The new deadline is June 22. The case is Washington State Democratic Committee v Washington State Grange, numbers 11-1263 and 11-1266. If the state and the Grange had not asked for more time, the briefs would all be in by now and we could have expected the U.S. Supreme Court to decide in June whether to hear the case. But because of the delay, the decision on whether the court hears this case will not be made until September at the earliest, and not revealed to the public until early October.

Ohio Governor Signs Bill that Repeals 2011 Omnibus Election Law Bill

On May 15, Ohio Governor John Kasich signed SB 295, which repeals the 2011 omnibus election law bill, except for one provision that eliminates early voting on the three days before election day. See this story. As a result of the bill becoming law, the petition deadline for newly-qualifying parties reverts to November of the year before the election (in presidential election years), the same deadline held unconstitutional in 2006 by the Sixth Circuit.

Many Write-ins Cast in Oregon Republican Primary

Oregon held primaries for the Democratic and Republican Parties on May 15. No Republican appeared on the primary ballot for either Treasurer or Attorney General. However, write-in candidates campaigned for the nominations. Although the write-ins aren’t tallied yet, the unofficial figures show a large number of write-ins cast in the Republican primary for both those offices.

As of 7 a.m. Pacific time, the Secretary of State’s election returns web page shows 17,490 write-ins for Attorney General, and 16,523 for Treasurer. Those numbers will increase. Here is a link to the returns.

Ohio Libertarians Didn’t Poll Enough Write-ins to Nominate a U.S. Senate Candidate

Ohio law requires a write-in candidate for statewide office in a small party’s primary to poll 500 write-ins, in order to get the nomination. It isn’t enough for the candidate to outpoll any opponents. This blog reported on March 28 that the Ohio Libertarian Party candidate for U.S. Senate, John Fockler, had polled more than 500 write-ins in the Libertarian primary on March 6, for U.S. Senate.

However, official returns announced on May 3 show that he only polled 337, not enough to have his name on the November ballot. The unofficial returns on election night had showed he had 407 write-ins, with some counties unable to provide a write-in tally. Later, on March 28, Ohio elections officials had said it appeared he had between 700 and 800, but that turned out not to be true.

It is likely that the unofficial election returns on election night were not the total for Fockler, but the number of all write-ins cast for U.S. Senate in the Libertarian primary, including the names of people who had not filed as a declared write-in. The official tally does not mention how many voters cast a write-in for someone who wasn’t a declared write-in candidate.

The Green Party actually had more write-ins for U.S. Senate in its primary, although no Green got enough write-in votes either. Joseph DeMare got 324 write-ins, and his opponent Anita Rios got 74, for a total of 398 write-ins for a declared write-in candidate for U.S. Senate in the Green Party primary.

Libertarians will have eight nominees for U.S. House on the November ballot in November, and Greens will have three. All of the Libertarian and Green nominees for U.S. House had their names printed on their own party’s primary ballot, except that one Libertarian was a primary write-in candidate and polled exactly 25 write-ins, the bare minimum needed for the nomination. The write-in candidate who got enough votes for U.S. House is Chris Kalla in the 4th district.