Associated Press Applies 15% Poll Standing Rule to Limit U.S. Senate 2012 Debate to Just Two Candidates

Posted on by November 16, 2011
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The Associated Press and the Virginia Capitol Correspondents Association plans to hold a debate on December 7, 2011, for two particular candidates for U.S. Senate in the November 6, 2012 election. See this story, which says that other candidates for the same seat are suing to set aside the criteria, which are that the candidate must be at 15% in polls. It seems absurd to expect most candidates to be at 15% in polls, when the election is almost a year away. The two invited candidates are both former Governors, so they have high name recognition in Virginia and can comply with the polling requirement. The two invited candidates are Republican George Allen and Democrat Tim Kaine.

Virginia’s primary for the U.S. Senate race is in June 2012. The AP/Virginia Capitol Correspondents Association makes as little sense as holding a December 2011 debate for U.S. President between Barack Obama and Mitt Romney.

Montana Judge Asks for Another Set of Briefs in Lawsuit Over March Petition Deadline

Posted on by November 16, 2011
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On November 2, a U.S. District Court Judge in Montana ordered both sides to submit briefs in Kelly v Johnson, the case over Montana’s March petition deadline for non-presidential independent candidates. Both sides will file simultaneously, on November 25. Then, each side will respond to the other side’s brief on December 9.

This case had been filed in 2008 by Steve Kelly, an independent candidate for U.S. Senate. In 2007 the Montana legislature had moved the petition deadline for non-presidential independent candidates from June to March. The Montana primary is in June. The U.S. District Court had ruled on February 3, 2010, that plaintiffs lack standing, but the 9th circuit had reversed that conclusion on December 10, 2010, and sent the case back to U.S. District Court for a ruling on the merits.

U.S. Government Files Brief with U.S. Supreme Court, Defending Ban on Campaign Contributions by Resident Aliens Without Permanent Residency

Posted on by November 16, 2011
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On November 14, the U.S. government filed this response in Bluman v Federal Election Commission in the U.S. Supreme Court. The response defends the federal law that does not permit resident aliens to donate money to candidates for any public office if that resident alien is not admitted permanently. The brief discusses instances when foreign governments have attempted to influence U.S. elections through its own citizens who were residing in the U.S. at the time. Examples include Germany in 1935, China in the 1990’s, and Libya.

The U.S. Supreme Court has not yet decided whether or not to hear this case. The lower court had upheld the law. Thanks to Rick Hasen’s ElectionLawBlog for the link.

Colorado Case on Discriminatory Campaign Contribution Limits Returns to Federal Court

Posted on by November 16, 2011
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On October 11, 2011, the Colorado Supreme Court returned the lawsuit Riddle v Ritter to the U.S. District Court, which had sent it to the State Supreme Court over a year ago. The lawsuit concerns Colorado’s law that says individuals can donate up to $4,000 to legislative candidates who are nominated via primary, but only $2,000 to legislative candidates who are nominated via convention or petition.

The case is Riddle v Ritter, 10-cv-1857 in U.S. District Court, and 11-sa-12 in the Colorado Supreme Court. The lead plaintiff is Joelle Riddle, who wanted to give more than $200 to Kathleen Curry, an independent candidate for the Colorado legislature in 2010. Riddle filed in U.S. District Court, but the U.S. District Court had sent the case to the Colorado Supreme Court, to see if the Colorado Supreme Court might rule that the discriminatory limit violates the Colorado Constitution. But now the Colorado Supreme Court has declined to get involved, so the issue is back before the federal court.