Michigan Legislator’s Recall Blocked by State Appeals Court

On October 6, a Michigan State Court of Appeals ruled 2-1 that a recall election set for November 8 should not be held. The Court did not explain its reasoning. Ballots have already been printed. The recall was aimed at state Representative Paul H. Scott, author of a bill that passed this year making it easier to fire teachers. The teachers were the prime force behind the recall petition. The case is Scott v Director of Elections, 306155.

Scott argued that the statement on the recall petitions, explaining why he should be repealed, was untruthful. On September 12 a lower court had ruled that the recall should go ahead, and that it was not the function of a court to determine whether the statement on the petition was true or not. Scott also argued that until his lawsuit over the statement had been settled, elections officials should not have validated the petition. The petition had 11,000 signatures, and elections officials ruled that it had more than enough valid signatures.

No Michigan legislator has been recalled since 1983.

All Briefs Now Filed in Kansas Constitution Party Case

On October 6, the final brief was filed in the 10th circuit in Constitution Party of Kansas v Kobach, 11-3152. This last brief is the Constitution Party’s rebuttal. The issue is whether Kansas must permit voters to register into parties that are not ballot-qualified, but which are organized in Kansas and have placed candidates on the Kansas ballot.

Currently, Kansas is one of only two states that have registration by party, and have neither a blank line in the political party area of the form, nor a procedure for an unqualified party to ever be listed on the voter registration form. Kansas is in the 10th circuit, and in 1984 the 10th circuit that Colorado must have some means for a voters to register into an unqualified party.

So-Called “Sham Candidate” Withdraws from Arizona Special State Senate Election

On October 6, according to this story, Olivia Cortes withdrew from the November 8, 2011 special recall election for Arizona State Senate in Senator Russell Pearce’s district. However, her name will remain on ballots, but notices will be posted at polling places saying she is no longer a candidate. If anyone votes for her anyway, the vote won’t be counted. The lower state court hearing in the lawsuit over whether she should be removed from the ballot has been canceled.

Steve Rankin Dies, Was Expert on Constitutional Law Involving Closed and Open Primaries

On August 21, 2011, Steve Rankin of Jackson, Mississippi, died of cancer. He was an expert in major party primaries, especially on the details of which voters can participate in those primaries. He believed that parties should decide for themselves who should vote in their primaries. He kept in touch with all legal developments concerning this issue, and was a frequent source of news for this blog, and a frequent commenter for quite a few years.

Americans Elect Releases Guidelines for How Candidates and Draft Committees May Get on Primary Ballot

On October 6, Americans Elect released a 39-page book, describing how presidential candidates may obtain a place in the Americans Elect presidential primary. The book also explains how groups that want to draft a presidential candidate may proceed. The title is “Briefing Book for Candidates and Draft Committees, 2012 Presidential Nomination Process.”

This is only a draft, and Americans Elect is seeking input from all interested individuals on ways in which to improve the process.