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Sixth Circuit Sets Hearing Date in Ohio Ballot Access Case

Posted on May 2, 2012 by Richard WingerMay 2, 2012

On July 24, the Sixth Circuit will hear Libertarian Party of Ohio v Husted, the case in which the Libertarian Party had won injunctive relief against Ohio’s February 2012 petition deadline for newly-qualifying parties.

The Secretary of State did not appeal, but the Ohio legislature then intervened in the case so that it could appeal. The hearing will be at 1:30 p.m. in Cincinnati. The appeal is peculiar, because after the Ohio Libertarian Party won injunctive relief against the February 2012 deadline, the deadline reverted back to November 2011. One wonders why the legislature is bothering to appeal an injunction when the law at issue doesn’t even exist any longer.

In 2006 the Sixth Circuit had ruled that a deadline of November of the year before the election is unconstitutional. The current Ohio law still has that deadline, in effect. SB 295, which cancels the referendum on the 2011 omnibus election law bill, passed the House informally on April 25 and will probably pass the House formally when the House returns on May 8.

Texas Supreme Court Asks for Response in El Paso Recall Lawsuit

Posted on May 2, 2012 by Richard WingerMay 2, 2012

On April 27, the Texas Supreme Court asked for a response from El Paso Mayor John F. Cook, in the case known as Tom Brown Ministries v Cook, 12-0224. The issue is whether a recall petition should be invalidated, even though it had enough valid signatures, because the church that helped collect the signatures is incorporated. The State Appeals Court had invalidated the petition based on the church’s status as a corporation. The Mayor’s response is due May 29.

The issues in this case are closely related to the same issues from 2010, when the Green Party petition was invalidated by a lower Texas state court because it was believed that the money donated to the party for its petition drive originated from a corporation. The Texas Supreme Court, in the Green Party case, put the party back on the ballot. No further proceedings were held in that case because, after the election was over, the Texas Democratic Party, which had originally filed the challenge to the Green Party petition, did not pursue the case.

Hearing Date Set for Alabama Ballot Access Case

Posted on May 2, 2012 by Richard WingerMay 2, 2012

On May 24, U.S. District Court Judge William K. Watkins will hold a hearing in Stein v Chapman, the ballot access case that challenge’s Alabama’s March petition deadline for newly-qualifying parties to get on the ballot. The hearing is at 2 p.m. in Courtroom 2-E in Montgomery’s federal courthouse.

Colorado County Clerk and Colorado Secretary of State Disagree on Whether to Print Primary Ballots When Party Has no Contests

Posted on May 1, 2012 by Richard WingerMay 1, 2012

The Colorado primary is June 26. El Paso County election officials decided not to print up any primary ballots for the Democratic Party or the American Constitution Party, because those two parties have no primary contests within the boundaries of the county. But the Colorado Secretary of State believes each county must print up primary ballots for all three parties that are entitled to nominate by primary. See this story. The Secretary of State apparently will sue the county to get a judicial decision on this issue.

El Paso County is a populous county that contains Colorado Springs.

Americans Elect Postpones its First Round of Voting by a Week

Posted on May 1, 2012 by Richard WingerMay 1, 2012

The Americans Elect web page has this brief announcement that the May 8 round of voting for a presidential candidate will not take place. Instead the first vote will be on May 15. This postponement is because no candidate, neither a declared candidate nor a draft candidate, received enough clicks to qualify.

Clicks that have already been cast will continue to count for the May 15 vote.