Virginia Independent Candidate Sues for Equal Treatment for Petition Validation

On October 24, Michael Osborne, an independent candidate for the Virginia legislature next month, filed a lawsuit in state court against the state’s discriminatory laws on checking signatures.

In Virginia, all candidates running in a primary must petition to get on the primary ballot, but the petitions are not checked for validity. Independent candidate petitions, and the petitions of nominees of unqualified parties, on the other hand, are checked for validity. Osborne’s lawsuit argues that the Virginia Constitution bars such unequal treatment. See this story.

Illinois Green Party Files Lawsuit to Save its Qualified Status in 4 U.S. House Districts and 6 Legislative Districts

On October 24, the Illinois Green Party filed a lawsuit in state court in Chicago to preserve its qualified party status in the U.S. House and state legislative districts in which it polled 5% in November 2010. Illinois law says if a party polls at least 5% for a district office, then that party is automatically qualified in that district in the next election.

In November 2010, the Green Party nominees for U.S. House in the 2nd, 3rd, 4th, and 18th districts each received over 5% of the vote. These districts are all in the Chicago area, except the 18th district is centered on Peoria. Also in 2010, the Green Party nominees for State House received over 5% of the vote in the 29th, 39th, 68th, 79th, 105th, and 115th districts. But the state says the party’s qualified status in all these districts is inoperative because redistricting this year changed their boundaries.

This same issue arose after the 2001 redistricting in Illinois, for Libertarians. In 2002 one State Court of Appeals, the First District, ruled in favor of continued qualified status; but another State Court of Appeals, the Second District, ruled against continued qualified status. Neither decision was appealed to the State Supreme Court, so the issue remains ambiguous. The 2002 cases were Preuter v State Officers Electoral Board (the favorable ruling, from Cook County), and Vestrup v DuPage County (the unfavorable one). The new Green Party lawsuit is Schmidt v State Board of Elections, in Cook County Circuit Court, 11-ch-36783. Thanks to Phil Huckelberry for this news.

Tunisia Election Uses Proportional Representation, Draws 70% Voter Turnout

On October 23, Tunisia voted for a Constituent Assembly, which is expected to write a new constitution for the nation. See this blog post at Fruits and Votes to read the details. The Assembly has 217 seats and its members were elected from 33 districts, using the party list system of proportional representation.

Here is the New York Times story about the results. It appears that the dominant party will be Ennahda, which is considered moderate Islamist. However, Ennahda probably won’t gain an absolute majority, and will almost certainly form a coalition government with two smaller parties. Thanks to Bob Richard and Thomas Jones for the links.

In Symbolic Move, Colorado County Election Official Lets Activist Examine a Few Ballots from a Recent Past Election

Marilyn Marks, a Colorado activist who favors more public scrutiny of the vote-counting process, recently won a lawsuit in the Colorado Court of Appeals that voted ballots are public records and should be made available after the election for public scrutiny. Of course the decision said that this scrutiny could not violate a voter’s secret ballot, so of course, the scrutinized ballots cannot identify which voter cast them.

On October 20, Marks was then permitted to examine a few ballots. See this story. Marks was pleased and then wrote a letter to an Aspen newspaper, praising the Pitkin County Clerk. Marks hopes to examine more ballots in future elections. Thanks to Rick Hasen for the link to the letter to the editor.