Illinois Constitution Party Now Only 80 Valid Signatures Short on Statewide Petition

On September 24, an Illinois Circuit Court ruled that the Constitution Party has at least 24,920 valid signatures on the petition for its statewide slate.  The law requires 25,000 signatures.  The judge restored approximately 2,500 signatures that the State Board of Elections had invalidated.  The Constitution Party believes it can show that it does have more than 25,000 valid, by obtaining affidavits from certain signers whose signature doesn’t seem to match the handwriting on that voter’s affidavit of registration.  Further court proceedings are expected early next week.  Thanks to Gary Odom for this news.  The case is Constitution Party v State Board of Elections, 2010 COEL 8.

Unusually High Number of Independent Candidates for State Legislatures This Year

There are substantially more independent candidates for state legislature on ballots around the nation this year than in past years.  There are 304 independent candidates for the legislature on ballots in the 45 states that are holding partisan legislative elections this year.  By contrast, there were 183 in 2008, 148 in 2006, 160 in 2004, and 188 in 2002.

This tally does not include minor party candidates.  There are 611 minor party candidates for the legislature on state ballots this year.

In 36.1% of all state legislative elections this year, there is either no Republican nominee, or no Democratic nominee.  This lack of competition from the major parties is normal for U.S. state legislative elections.

Lower State Court Agrees that West Virginia Should Use One Ballot, Not Two

On September 24, a West Virginia state circuit court ruled that the state should use one ballot this November, not two ballots.  The Republican Party had sued the Secretary of State, arguing that there should be one ballot for the special U.S. Senate election and another ballot for the regularly-scheduled elections.  See this story.  Thanks to Jeff Becker for the news.

Guam Election Commission in a Dilemma Over New Federal Law on Timing of Overseas Absentee Ballots

Guam is having trouble with its election for Delegate to Congress this year, because it still hasn’t mailed its overseas absentee ballots.  However, there is only one candidate on the ballot for that office, although Guam does have write-in space on ballots.  See this story.

The federal law that tells states and other jurisdictions that they must mail their overseas absentee ballots at least 45 days before the election only relates to elections for federal office.

West Virginia Supreme Court Rules Signatures on Ballot Measure Petitions Are a Public Record

On September 23, the West Virginia Supreme Court ruled that the names and addresses of people who sign petitions for ballot measures may be released to the public.  The 14-page decision is The Shepherdstown Observer v Maghan, 35446.  The particular petition at issue was a referendum petition on zoning.  Proponents of the petition drive did not allege that signers of their petition faced harassment.

In 1968 the West Virginia Supreme Court had ruled that signatures on the petition that placed George Wallace on the general election ballot were not public records.  The new decision does not override that precedent.  Instead it makes a distinction between the two types of petitions.  Thanks to Jeff Becker for this news.