Ron Paul and Mitt Romney May be Only Candidates on Virginia Presidential Primary Ballot

Posted on by December 22, 2011
21

December 22 was the deadline for Republican presidential candidates to submit petitions to be on the Virginia presidential primary ballot. Four candidates submitted petitions. However, two of them submitted fewer than 12,000 signatures. Mitt Romney submitted 16,026; Ron Paul submitted 14,361; Rick Perry submitted 11,911; and Newt Gingrich submitted 11,050. The requirement is 10,000, with at least 400 from each U.S. House district in the state.

No one else submitted a petition. Candidates who are on all other Republican presidential primary ballots so far, but who did not submit a petition, include Michele Bachmann, Jon Huntsman, and Rick Santorum.

The Republican Party of Virginia says it will check the petitions for validity. However, the party had already previously said that any candidate who submitted at least 15,000 would be deemed to have submitted a valid petition. It would be surprising if the Perry and Gingrich have enough valid signatures. It is generally unheard of for any petition (other than one with a very tiny requirement) to have a validity rate as high as 83%. See this story, which is the source of the information for the exact number of signatures submitted.

Indiana Lower State Court Removes Secretary of State from Office Because He was Registered at the Wrong Address

Posted on by December 22, 2011
5

On December 22, a Marion County Circuit Court ruled that Charlie White, who was elected Indiana’s Secretary of State with a 57.1% share of the vote in November 2010, was not a validly registered voter when he filed for office. The 8-page decision is here. Therefore, because he was registered at an address which was not his actual residence, the court concluded that White should be removed from office. Under Indiana law, assuming the decision is not reversed on appeal, Vop Osili, the Democratic Party nominee for that office in 2010, who only polled 37.0% of the vote, becomes the new Secretary of State. Osili was elected to the Indianapolis city council last month and is Nigerian-American. His first name is an acronym for “Voice of the People.”

White and the state have asked the Circuit Court to stay its ruling, while the case is appealed.

It seems fundamentally undemocratic that the decision of the voters should be set aside, just because the winning candidate filled out an incorrect declaration of candidacy. At the least, one would wish that the office would now be declared vacant, and perhaps a special election to fill it could be held in November 2012. The term of office is four years. White is facing separate criminal charges in another state court; he is charged with the crime of putting an incorrect address on his voter registration form and his declaration of candidacy. Thanks to Rick Hasen for the link.

Ninth Circuit Rules that Alan Keyes Did Not Have Standing to Challenge Obama Qualifications

Posted on by December 22, 2011
4

On December 22, the 9th circuit issued a 29-page opinion in Drake v Obama, 09-56827. The case had been filed on January 20, 2009, a few hours after President Obama had been sworn into office. Among the plaintiffs were Alan Keyes, his vice-presidential running mate Wiley S. Drake, and Markham Robinson. Keyes and Drake were on the November 2008 ballot in California as the American Independent Party nominees.

The decision says that none of the plaintiffs have standing. The decision suggests that if Keyes and Drake had filed the lawsuit while the 2008 election was proceeding, they might have had standing. But it says the election was over when the lawsuit was filed, and that they haven’t alleged they will run again in 2012 against Obama. Thanks to Bill Van Allen for this news.

U.S. District Court in Washington, D.C., Upholds Federal Voting Rights Act

Posted on by December 22, 2011
2

On December 22, U.S. District Court Judge John D. Bates upheld section five of the federal Voting Rights Act, in a 96-page opinion. The case is LaRoque v Holder, 10-0561. The case started after the voters of Kinston, North Carolina, voted to switch the city’s elections from partisan to non-partisan elections, and then the Voting Rights Section of the U.S. Justice Department refused to allow that change. The Justice Department felt the change would injure black voters. The city council of Kinston refused to challenge the Justice Department’s decision.

Proponents of non-partisan elections then sued to overturn Section Five of the Voting Rights Act. Originally Judge Bates said they lacked standing, but the U.S. Court of Appeals, D.C. Circuit, had reversed that, so the case returned to Judge Bates, who has now upheld the act. Even though the decision is very long, it doesn’t actually discuss the merits of the particular controversy in Kinston over non-partisan elections versus partisan elections, and whether the proposed change affects blacks. Instead, the decision is all about the big issue of whether Congress had the authority to extend the Act in 2006. Thanks to Rick Hasen for the link.

Newt Gingrich Says He is Submitting At Least14,000 Signatures for Virginia Republican Presidential Primary

Posted on by December 22, 2011
2

The petition deadline for candidates seeking a place on the Virginia Republican presidential primary is today. The State Board of Elections will remain open somewhat later than usual today, because some Republican presidential candidates haven’t filed yet, and may be filing at the very last minute. The requirement is 10,000 signatures, the toughest mandatory presidential primary requirement of any state. The petition must include at least 400 signatures from each U.S. House district. Any registered voter may sign.

Newt Gingrich told the press that he will submit at least 14,000 signatures, and maybe as many as 15,000. See this story.

Traditionally, presidential primary petitions are not checked for validity. An independent candidate in Virginia is suing over the policy that says general election petitions are checked for validity, whereas primary petitions are deemed to be sufficient.