John McCain’s 2008 Petition to get on Indiana Primary Ballot May Also Have been Invalid

As reported earlier, Indiana officials are investigating possible forged signatures in the 2008 petitions to place Barack Obama, and also Hillary Clinton, on the Indiana presidential primary ballot in 2008. Now the McCain petition is also being investigated, with some preliminary reason to believe that petition was also invalid. See this story.

Indiana requires more signatures than any other state for candidates who are discussed in the media to get on the ballot in a presidential primary, except Virginia requires even more. Indiana requires 4,500, and there must be at least 500 from each U.S. House district in the state. Thanks to Rick Hasen for the link.

Lawsuit Filed Against Federal Law Banning Contributions to Federal Candidates from Individuals with Federal Contracts

On October 19, three individuals filed a lawsuit in U.S. District Court in Washington, D.C., seeking to overturn a 1940 federal law that makes it illegal for anyone who holds a contract with the federal government from contributing any money whatsoever to any party or any candidate for federal office. Here is the 10-page complaint in Wagner v Federal Election Commission, 11-cv-1841.

One of the plaintiffs, Wendy Wagner, is a law professor who currently has a contract to prepare a report on potential improvements in the use of science by administrative agencies. Another plaintiff, Lawrence M. E. Brown, has a contract to perform personal services as a human resources advisor to the U.S. Agency for International Development. The third plaintiff, Jan W. Miller, has a contract to provide personal services consulting to the same agency, USAID. They each would like to make contributions to candidates for federal office, or to political committees or political parties. The D.C. branch of the American Civil Liberties Union represents the plaintiffs. The complaint points out that federal employees are permitted to make contributions. The case was assigned to Judge James E. Boasberg, an Obama appointee. Thanks to Rick Hasen for the link.

Four South Carolina Counties Ask State Supreme Court to Stop Republican Presidential Primary Unless Party Covers All Costs

On October 17, four South Carolina counties asked the State Supreme Court to rule that the Republican presidential primary cannot go forward unless the counties are relieved of paying any of the election-administration related expenses. The case is Beaufort County v South Carolina Election Commission. The other plaintiffs are Chester, Greenville and Spartanburg Counties. The Republican Party was already paying for approximately half the expenses. See this story. The State Supreme Court has discretion on whether or not to hear this case, and has not yet even assigned a case number. UPDATE: here is the brief. It is very long because of all the exhibits.

Independent Legislative Candidate in Virginia Complains about Disparity in Validation for Primary Petitions versus General Election Petitions

In Virginia, and Indiana, candidates who petition for a spot on a general election ballot have their signatures checked for validity, by government elections officials. But candidates seeking a spot on a partisan primary ballot are treated more leniently. Their petitions are given to their own political party, and political party officials merely look at the petitions to see if, on the surface, they contain enough signatures.

Michael Osborne, an independent candidate in this year’s legislative election in Virginia, is upset about the disparity, and is threatening to bring a lawsuit, although it is far too late for that to effect the November 8, 2011 ballot. In any event, the only possible lawsuit would be one that alleges the disparity is unconstitutional. No Virginia statute has been broken; the statutes provide for different treatment for the different types of petition. See this story.