The First Circuit will hear Libertarian Party of New Hampshire v Gardner on November 2, at 9:30 a.m., in Boston. This is the case that challenges New Hampshire’s refusal to allow unqualified parties to use a stand-in presidential candidate on a candidate petition, and later substitute the actual presidential nominee. It also challenges the state’s policy of not providing any name protection for unqualified parties.
November 2, is, of course, election day as well.
The Delaware Supreme Court has set a briefing schedule in McVay v Department of Elections for Kent County, number 528(2010). The opening brief is due October 25, 2010. The schedule is such that the case will be decided after the November 2, 2010 election. The case had been filed by a Libertarian nominee for the State House of Representatives, William McVay. He had tried to run in the major party primaries for the same office, but the major parties objected, and he was not permitted to run in those primaries.
Delaware permits fusion, and Delaware has no law making McVay’s filing illegal. The lower state court seemed to feel the major parties have an implied right to exclude candidates from their own primaries.
On September 29, the Chicago Tribune endorsed Jeremy Karpen, Green Party nominee for Illinois State House, 39th district, in Chicago. See this story from GreenPartyWatch. Karpen and the Democratic nominee, incumbent Maria Antonia “Toni” Berrios, are the only two candidates on the ballot. They were also the only two candidates on the ballot in November 2008, when Karpen received 20.84% of the vote.
On the evening of September 29, the New York Conservative Party nominated Carl Paladino as its gubernatorial nominee. See this story. Thanks to IndependentPoliticalReport for the link.
On September 29, the Rhode Island Supreme Court said it won’t hear Russo v Mollis, su-10-339. This is the case filed by the Republican candidate who placed second in this year’s primary for Lieutenant Governor. The winning Republican withdrew from the general election race after the primary was over, and endorsed independent candidate Robert Healey. The second-place finisher in that Republican primary, Kara Russo, then filed her lawsuit directly with the State Supreme Court, alleging that even though the Republican Party doesn’t want to have a nominee for Lieutenant Governor, it must have one.
