California State Judge Expedites Hearing in Minor Party Lawsuit Against Top-Two System

Posted on by January 4, 2012
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The California Superior Court Judge who is hearing Rubin v Bowen has set a hearing date of February 7, 2012, for Rubin v Bowen, RG11-605-301, Alameda County. This is the lawsuit filed by the Peace & Freedom and Libertarian Parties of California, as well as the Alameda County Green Party, against Proposition 14, passed by the voters in June 2010 to establish the top-two system in California. The lawsuit had been filed on November 21, 2011, and originally had a hearing date on March 20, but the plaintiffs sought an earlier hearing, which has now been granted.

Anyone who is free to attend the hearing should do so. A large attendance will show the judge that the issue is important. The address for the hearing is 1221 Oak Street, Oakland, California. That is the County Office Building, next to the Courthouse. The hearing is at 9 a.m. in Department 16.

Virginia Governor Bob McDonnell Doesn’t Know the History of Virginia Ballot Access

Posted on by January 4, 2012
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According to this story, Virginia Governor Bob McDonnell recently said that the Virginia ballot access law has never kept any credible presidential candidate off the ballot. His statement is not accurate.

In 2008, Chris Dodd, a Democratic U.S. Senator from Connecticut and a candidate for the Democratic nomination, tried and failed to qualify for the Virginia presidential primary. Also in 2008, Duncan Hunter, a U.S. House member from California and a candidate for the Republican nomination, also failed to qualify in Virginia.

The Virginia general election petition rules for minor party and independent presidential candidates are the same as for presidential primary candidates. In 2004, Ralph Nader tried and failed in Virginia. In 1992, Howard Phillips, presidential nominee of the U.S. Taxpayers Party and a former high-ranking official in the Nixon administration, tried and failed in Virginia. In 1984, David Bergland, presidential nominee of the Libertarian Party and the person who placed third in that year’s election, tried and failed. In 1976, Eugene McCarthy, independent presidential candidate and the person who placed third in the election, tried and failed in Virginia.

Judge Permits Newt Gingrich, Jon Huntsman and Rick Santorum to Intervene in Rick Perry Virginia Ballot Access Lawsuit

Posted on by January 4, 2012
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On January 4, 2012, U.S. District Court Judge John A. Gibney issued an order, letting Newt Gingrich, Jon Huntsman, and Rick Santorum intervene in the lawsuit filed last month by Rick Perry, over Virginia ballot access in presidential primaries. The judge ordered that the three candidates file a complaint today by 5 p.m. Defendants must respond to those complaints by the close of business on January 6. The hearing will be on January 13.

In other developments in the case, a former Virginia Attorney General, Jerry Kilgore, will be a witness for the presidential candidates, and is expected to testify that the Virginia ballot access requirements are not necessary for any legitimate state interest.