U.S. District Court Judge Won’t Short-Circuit US Government Lawsuit Against John Edwards over Definition of “Contributions”

On October 26, U.S. District Court Judge Catherine C. Eagles, an Obama appointee, refused to dismiss the U.S. Justice Department’s lawsuit against John Edwards. See this story. The ruling was oral, and the judge has not issued a written opinion yet. The case is USA v Edwards, middle district, North Carolina, 1:11-CR-161. Here is a court document that summarizes the federal government’s case.

In 2007 and early 2008, John Edwards was a leading contender for the Democratic presidential nomination, and for a while he was considered just as likely as Hillary Clinton or Barack Obama to get the nomination. At the time Edwards was involved in an affair, which was secret from the world and from Edwards’ wife. However, a wealthy backer of John Edwards was aware of the situation, and paid hundreds of thousands of dollars to a very close associate of Edwards, who used the money to pay the living expenses of the mistress, and to pay for the elaborate activity needed to keep her existence a secret. The wealthy backer was an elderly woman who was a very close personal friend of Edwards, and who admired Edwards hugely. No one believes that her motivation in giving the money was other than a very deep friendship; she was not seeking favors from a possible future President Edwards.

Much later, the U.S. Attorney General brought a criminal case against Edwards, on the theory that the money should be considered a campaign expense, and that campaign contribution limits should have been obeyed. Edwards tried to get the case stopped, arguing that the money should not be considered a campaign expense, but so far, the case will go ahead. This case is philosophically important because it reaches fundamental problems about the definition of campaign contributions. Thanks to Rick Hasen for the link.

New Mexico Secretary of State Informs New Mexico Tax Policy Office to Include Libertarian Party and Independent Party on Income Tax Forms

New Mexico is one of the thirteen states that gives state income taxpayers an opportunity to send a donation to a qualified political party, via the state income tax form. Except for Ohio, all these thirteen states list the qualified parties and let the taxpayer choose one.

Unfortunately, New Mexico has a recent history of poor election administration, and of mistakes. Twice in the last ten years, when the New Mexico Tax office has asked the New Mexico Secretary of State which parties should be listed on the income tax form, the New Mexico Secretary of State’s office has erroneously told the Tax office to just list the Democratic and Republican Parties. This last occurred in 2010, and the 2010 New Mexico state income tax forms only included the Democratic and Republican Parties, even though they should have included the Libertarian, Constitution, and Independent Parties.

Fortunately, the New Mexico Secretary of State’s office has done a better job this month, and has informed the Tax office to include the Libertarian and Independent Parties on the 2011 forms. The Constitution Party is no longer ballot-qualified because it did not run any candidates in 2010. The Independent Party is little-known in New Mexico. It was created by Ralph Nader in 2008 and because it polled over one-half of 1% for President in 2008, it retains ballot qualification in 2010 and 2012.

Independent Candidate Wins Election for Mayor of Seoul, Republic of Korea

Seoul, capital and largest city in the Republic of Korea, held a Mayoral election on October 26. The election was won by Park Won-soon, an independent candidate. He is the first independent ever elected to this position since Seoul has been having elections for city office. See this story. Park defeated the nominee of the party that runs the national government. Over 4,000,000 votes were cast in the Mayoral election. No city in the United States has ever had that many voters voting in a city election.

Doyle McManus Op-Ed on Americans Elect in Los Angeles Times

Doyle McManus has this fairly lengthy op-ed about Americans Elect in the Los Angeles Times. Although there is not a great deal of new information in the piece, it does have a more expanded list of potential presidential candidates that Americans Elect might possibly nominate. Also, at the end, it suggests that Americans Elect might very well jump into congressional races in 2014.

Arizona State Court Removes Ballot Measure that would Eliminate Funding for Public Funding

On October 26, an Arizona Superior Court ruled that a ballot measure that would de-fund public funding should not appear on the ballot next year. The legislature had placed it on the ballot. It was removed from the ballot because Arizona, like almost all states, says that ballot measures cannot encompass more than a single subject. The ballot measure would have de-funded public funding for Arizona state office, and also done the same to the public funding for the City of Tucson. Although the decision says the idea of de-funding public funding for both the state and Tucson is a single subject, the flaw in the measure is that it requires Tucson to turn over all the money in its public funding account to the state treasury, and the state’s taking the city’s money is a separate subject. Here is the 4-page decision.

Legislative leaders suggested they may not appeal, and instead would pass the measure all over again early in 2012, without the flaw. See this story. The case is Arizona Advocacy Network Foundation v Bennett, Maricopa County cv 2011-9646.