U.S. Senator Lisa Murkowski has hired a leading Republican election law specialist to defend her when Alaska Elections officials begin to tally the write-ins. See this story. Thanks to Bill Van Allen for the link.
On November 5, the 9th circuit heard oral arguments in Kelly v McCullough, 10-35174, the lawsuit filed in 2008 against Montana’s March petition deadline for independent candidates (for office other than president). The U.S. District Court had refused to decide the case, holding that the plaintiffs lack standing. The 9th circuit panel consisted of Judges William Fletcher, Raymond Fisher, and a visiting judge from Virginia, James P. Jones. The panel spent more time asking questions about standing than about the merits of the case. It seems somewhat likely that they will determine that the plaintiffs do have standing, and then they will send the case back to the U.S. District Court to reach the main election law issues.
The Libertarian Party now has an automatic spot on the 2012 presidential ballot in 26 states. If it meets the vote tests in New York and/or Utah, that will go up to either 27 or 28. Four years ago at this time, the Libertarian Party had presidential ballot status in 24 states. The changes relative to mid-November 2006, and now, are: gains in Nebraska, North Carolina, and Ohio; and a loss in Wisconsin.
The Green Party now has an automatic spot on the 2012 presidential ballot in 14 states. Four years ago at this time, the Green Party had it in 18 states. The changes relative to mid-November 2006, and now, are: gains in New York, Ohio, Texas, and West Virginia; and losses in Delaware, Illinois, Nebraska, Nevada, New Mexico, Oregon, Vermont, and Wisconsin.
The Constitution Party now has an automatic spot on the 2012 presidential ballot in 12 states. Four years ago at this time, the Constitution Party had it in 13 states. Changes are: gains in Missouri, Ohio, and Wisconsin; and losses in California, Delaware, Montana, and Nebraska.
Parties with the name “Independent Party”, “Independence Party”, “Moderate Party”, “Reform Party”, or “Natural Law Party” are ballot-qualified for president in 2012 in these 13 states: Connecticut, Delaware, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, New Mexico, New York, Oregon, Rhode Island, and South Carolina. This does not mean that these 13 state parties are necessarily associated with each other. They are all parties without a fixed ideology. The New Mexico Independent Party is still ballot-qualified for president because it met the vote test of one-half of 1% for President in 2008, and New Mexico gives parties that meet the vote test two elections. However, the New Mexico Independent Party appears to be defunct. The others are all functioning and had candidates on ballots in 2010.
See this story for a report on how North Carolina is proceeding, counting votes in the nation’s first statewide general election using Instant Runoff Voting. The first choice votes have now been counted. The election is to choose a statewide judge. The election is non-partisan and had 13 candidates seeking one spot on the State Court of Appeals.
No nationally-organized minor party elected any state legislators in 2010. However, in Maine, former Green Party activist Ben Chipman was elected to the legislature as an independent candidate. He had been the Legislative Assistant to Green Party legislator John Eder. Eder had been elected as a Green in 2002 and 2004, but was defeated for re-election in 2006.
The Maine Green Party is still ballot-qualified, and Chipman could have chosen to run in 2010 as a Green, but for election law-related reasons he opted to be an independent candidate.