Another Federal Lawsuit Over What Clothes Can be Worn at Polls

On October 26, Vincent McMahan, chair of World Wrestling Entertainment, filed a federal lawsuit against Connecticut’s Secretary of State.  The Secretary of State’s office had seemed to announce that voters would not be permitted to be within 75 feet of a polling place if they were wearing clothing that refers to World Wrestling Entertainment.  The Republican nominee for U.S. Senate in Connecticut, Linda McMahon, is married to Vincent McMahan, and she is well-known for having built that business.

Also on October 26, the Secretary of State issued a press release denying that she had promulgated any such blanket rule, but seeming to acknowledge that instances would be decided on a “case-by-case basis”, which is even worse, because it is arbitrary.  Thanks to Rick Hasen’s ElectionLawBlog for this news.

A similar lawsuit in Arizona was recently won by a voter who had warn a T-shirt mentioning the Tea Party.

Herb Lux Files Brief in 4th Circuit in Virginia Petitioner Residency Case

On October 26, Herb Lux filed this brief with the U.S. Court of Appeals, 4th circuit, in his ballot access case, Lux v Rodrigues, 10-1997.  This is the case that challenges the Virginia law that makes it illegal for anyone to circulate a petition for U.S. House, outside of the circulator’s home district.  The brief is 40 pages and is very strong.

U.S. District Court Won’t Force New York State to Reprint All its Ballots

On October 26, at another hearing in Credico v New York State Board of Elections, U.S. District Court Judge Raymond J. Dearie kept his own stay intact.  This means Randy Credico will be listed on the ballot only once, even though he is the nominee of two parties, the Libertarian Party and the Anti-Prohibition Party.

Attorneys for the state convincingly argued that it is impossible for all the ballots to be reprinted in time for the November 2 election.  Last week Judge Dearie had said that it is highly likely that the state’s discriminatory policy on fusion is unconstitutional.  It seems extremely likely he will issue a declaratory judgment in the near future, invalidating the policy that won’t let a candidate nominated by two unqualified parties (each with their own separate line)  have his or her name on the ballot in two places, yet does allow this for the nominee of two qualified parties, or even the nominee of one qualified party and one unqualified party.

Florida State Appeals Court Hears Last-Minute Case over Identity of Republican State Senate Candidate

On October 26, the Florida State Court of Appeals heard arguments in Ambler v Election Canvassing Board, the case over who should be the Republican nominee for State Senate, 12th district.  See this story.  The candidate who won the primary, Jim Norman, argued that it is wrong for the lower court to have disenfranchised the primary voters, who chose him.  The lower court had removed him as the Republican nominee because the court determined that he filed incomplete and dishonest campaign finance reports.