Minnesota Supreme Court Invalidates Petition Signatures When Signer Listed a Post Office Box Instead of a Street Address

On October 7, the Minnesota Supreme Court ruled in Paquin v Mack, A10-1177, that petition signatures are invalid if the signer listed a post office box address instead of a street address.  Here is the 13-page opinion.  The result confirms that an independent candidate for the state legislature, Gregory Wayne Paquin, will not appear on the ballot.  His ballot label would have been “Minnesota Warriors for Justice Party.”

The opinion does not mention a contrary opinion from the Arizona Supreme Court in 2008, Jenkins v Hale, 190 P.3d 175.  The Arizona Supreme Court had said, “We find it difficult to see how a post office box address renders a signature invalid per se if an elections official can verify that the signer is a qualified elector.  In some instances, the election official may even have the post office box address on file.”  Both this Minnesota case, and the Arizona case, involved petitions circulated on Indian reservations.  Thanks to Bill Van Allen for this news.

UPDATE:  also on October 7, the Minnesota Supreme Court ruled against another candidate for the state legislature, who had challenged disqualification of her petition also on the basis that post office box addresses ought to be acceptable.  In that decision, Beaulieu v Mack, A10-1389, the Minnesota Supreme Court did mention the Arizona precedent.  But the Minnesota Supreme Court said the Arizona law is different than Minnesota’s law, because in Arizona, the circulator affirms that each signature he or she gathered is valid.

Hearing Date Set in New York Case Over Fusion Discrimination

U.S. District Court Judge Raymond Dearie will hear oral arguments in Credico v New York State Board of Elections, cv10-4555 (southern district) on October 19, Tuesday, at 3 p.m.  This is the case that challenges a New York state law that allows a candidate nominated by two qualified parties to be listed on the ballot twice, and also allows a candidate nominated by one qualified party and one unqualified party to also be listed on the ballot twice, yet won’t list a candidate twice who has been nominated by two unqualified parties.

Trial About to Begin in Idaho Republican Party Lawsuit to Create a Closed Republican Primary

A trial will be held in Idaho Republican Party v Ysursa between October 13 and October 15.  This is the case in which the Republican Party of Idaho asserts that the state’s open primary law has injured the party.  There are two political scientist expert witnesses on each side, and they will be testifying and being subject to cross-examination.

The chief factual dispute is whether voters who have no loyalty to the Republican Party have been choosing to vote in contested Republican primaries and influencing the outcome.  The case is in U.S. District Court, 08-cv-165.

Ninth Circuit Says Voting Rights Act Applies to Felon Disenfranchisement Issue Only in Limited Circumstances

On October 7, an en banc panel of the 9th circuit ruled that the federal Voting Rights Act cannot be used to overturn a state’s restriction on felon or ex-felon voting, unless the plaintiffs can demonstrate that the particular state passed the restriction on felon or ex-felon voting with the intent to discriminate against racial or ethnic minorities.  See the per curiam opinion here.  It is only 7 pages long.  Thanks to ElectionLawBlog for this news.  There are also some longer concurring opinions.

On January 5, 2010, the original 9th circuit panel had ruled 2-1 that the Voting Rights Act can be used to overturn Washington state’s ban on felons and certain ex-felons, but that earlier opinion is now reversed.  The case is Farrakhan v Gregoire, 06-35669.

Inclusive New York Gubernatorial Debate Set for October 18

The Democratic nominee for Governor of New York, Andrew Cuomo, has agreed to participate in a gubernatorial debate at Hofstra University.  All seven ballot-listed gubernatorial candidates are invited.  All have accepted, except that it is not known if Republican nominee Carl Paladino will participate.  UPDATE:  Paladino has accepted also.  See this newer story.  Thanks to IndependentPoliticalReport for this news, and to the poster for the update..  See this older story as well.