On September 13, the 3rd circuit heard arguments in Lewis v Guadagno, 11-3401. According to this story, it is tough to predict the outcome. A decision is likely in the next two days. The issue is whether New Jersey violates the U.S. Constitution when it requires candidates for State Senate to have lived in the state for four years. It appears from the story that the New Jersey constitutional 4-year requirement is ambiguous, as to whether that is four years before the term of office starts, or four years before the election. However, that ambiguity most likely won’t affect the outcome in this particular case, because Carl Lewis voted in California in 2009.

The New Jersey state courts have already ruled that Lewis does not meet the State Constitutional requirement. Federal courts are not free to disagree with a state court’s interpretation of state law, generally.

According to this story, on September 12 an Indiana lower state court ruled that unopposed candidates in partisan elections in the city of Richmond should be on the November 2011 ballot, even if they have no opponents. The new state law, passed this year, says if someone has no opponents, not even a declared write-in, that office should be removed entirely from the November ballot. The lawsuit had been filed by the Democratic and Republican Parties and a few of their nominees, and some voters. According to the story, the judge did not hold the new law unconstitutional, but construed it not to apply to the Richmond city election of 2011. Election officials have not yet decided whether to appeal.

A Public Policy Poll released September 12 shows these results for the September 13 election for U.S. House, 9th district in New York: Republican Bob Turner 47%, David Weprin 41%, Socialist Workers Party nominee Chris Hoeppner 4%, undecided 7%.

Darcy Richardson’s Battleground Blog has this story on Hoeppner. No Socialist Workers Party nominee for U.S. House (in a race with both a Democrat and a Republican) has polled as much as 4% since 1998, when SWP nominee Andrea Morrell polled 3.99% in the Massachusetts 8th district, which included Cambridge.

This election will not determine which party has control of the U.S. House for the remainder of this year’s session of Congress. Republicans already have a large majority in the U.S. House. This election is important, not because it affects the balance of power in Congress, but because it is so symbolic. The district is strongly Democratic, so if it elects a Republican, that sends a signal. But Hoeppner’s presence in the race, if he polls a balance of power vote, will also be strongly symbolic. Hoeppner’s presence in the race is making it possible for voters in the 9th district to send a different kind of signal.

The New York Times has published many stories about this race, but has not mentioned Hoeppner once, even though he has been in at least three debates with both of his opponents.

In the other special election for the U.S. House tomorrow, the Nevada race, another Public Policy Poll shows: Republican Mark Amodei 50%, Democrat Kate Marshall 37%, Independent American Party nominee Tim Fasano 4%, independent Helmuth Lehman 4%, undecided 5%.