Pennsylvania Minor Parties File Brief in 3rd Circuit

Posted on by October 20, 2010
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On October 20, the Constitution, Green and Libertarian Parties of Pennsylvania filed this 39-page brief in the Third Circuit.  The case is Constitution Party of Pennsylvania v Cortes, 10-3205.  The issues are the Pennsylvania challenge system that subjects minor parties and independent candidates to the risk of paying up to $100,000 if they submit a petition that is insufficient; Pennsylvania’s abysmal record of counting and tallying write-ins; and the state’s threshold for a party to be ballot-qualified without petitioning.  That threshold is that it have registration membership of 15% of the state total, a hurdle so high that if the same law existed in Utah, the Democratic Party would not be on the ballot; and if it existed in the District of Columbia, Massachusetts, or Rhode Island, the Republican Party would not be ballot-qualified.

The U.S. District Court had refused to adjudicate the lawsuit on the grounds that the plaintiffs lack standing or their claims are not ripe.

U.S. Supreme Court Gets Involved With Another State Public Funding Case

Posted on by October 20, 2010
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Maine has used public funding for state campaigns for ten years.  This year, a Republican state legislator who never applies for public funding filed a lawsuit against the part of the system that gives extra public funding to candidates who have well-funded opponents who do not use the public funding system.  The legislator, Andre Cushing, is running for re-election in one of Maine’s most competitive districts.  In 2008 the vote had been 2,974 for Cushing and 2,805 votes for his Democratic opponent.  He says he is hesitant to raise and spend any more money, because if he does, his opponent will get additional public funding.

Neither the U.S. District Court, nor the 1st Circuit, was willing to grant an injunction stopping the extra public funding, so McKee appealed to the U.S. Supreme Court.  First he asked Justice Stephen Breyer for injunctive relief, but that was denied on October 13.  The same day it was denied, he asked Justice Anthony Kennedy for the same relief.  Justice Kennedy then asked Maine to respond.  The state’s response is due October 21.  In the U.S. Supreme Court, the case is Respect Maine PAC v McKee, 10A362.  The co-plaintiff Respect Maine PAC is in the case because it wants to do more independent spending on behalf of Cushing.  Thanks to Rick Hasen for this news.

Kathleen Curry Sues Colorado Over Write-in Validity When Voter Forgets to Fill in the Oval

Posted on by October 20, 2010
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On October 18, write-in candidate Kathleen Curry, an incumbent state legislator running for re-election, filed a lawsuit in state court over the validity of certain write-in votes.  The Secretary of State of Colorado has ruled that if a voter casts a write-in vote, and either forgets, or doesn’t know, to fill in the oval next to the name written in, the vote doesn’t count.  The statute does not seem to justify the Secretary of State’s ruling.  The case is Curry v Buescher, in Denver District Court, 10-cv-8191.  The hearing is on Friday, October 22.

Commission on Presidential Debates is Already Asking for Applications from Potential Hosts

Posted on by October 20, 2010
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The Commission on Presidential Debates has a procedure whereby institutions and organizations that wish to be the site of a general election presidential debate in 2012 must apply to the Commission.  The guidelines will be available starting January 3, 2011.  Generally it is colleges or universities that apply to host these debates.  The application form will soon be available on the Commission’s web page, www.debates.org.

Florida Secretary of State Asks Republican Party to Choose a New Nominee in State Senate, 12th District

Posted on by October 20, 2010
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On October 20, the Florida Secretary of State asked the Republican Party to choose a new nominee for the State Senate, 12th district.  See this story.  Jim Norman’s name will be on the ballot as the Republican nominee, and no one else’s name will be on the ballot.  But the polling places will have signs explaining that a vote for Jim Norman will be treated as a vote for whomever the party nominates.

There is write-in space on the ballot, but only two declared write-in candidates will have their write-ins counted.

Last week a state court had ruled that Norman is not eligible to be a candidate, because he broke campaign finance laws.  Norman is appealing, and if the Appeals Court reverses the lower court, presumably the votes cast for Norman will then be treated as votes for him.

In the opinion of Ballot Access News, this particular election is a sham election.  If Florida had wise procedures, anyone should be permitted to file as a declared write-in candidate this week, so that the election would give voters a real choice.  UPDATE:  this article reveals that the Republican Party has contributed substantially to help Norman pay his attorneys.