U.S. District Court Judge Declines to Put Carl Lewis on November 2011 Ballot for State Senate

On August 19, a U.S. District Court refused to order New Jersey to put Carl Lewis on the November 2011 ballot as the Democratic nominee for State Senate, 8th district. See this story. However, the judge seemed to say that she might change her mind in a few weeks. The case is Lewis v Guadagno, 11-cv-2381.

New Jersey state courts have already determined that Lewis does not meet the 4-year residency requirement, which is in the State Constitution. Lewis’ only hope had been to persuade a federal court that the residency requirements violates the U.S. Constitution.

Ohio Democratic Referendum Petition Might Indirectly Restore Minor Party Ballot Access for 2012

Earlier this year, the Ohio legislature passed a huge omnibus election law bill which contained provisions that Democrats and Democratic allies strongly oppose. The bill, HB 194, will be suspended until after 2012 if Democrats and their allies successfully collect 231,147 valid signatures on a referendum petition by September 29, 2011. See this story. The second-to-last paragraph says the referendum petition would repeal the contents of the entire bill.

Originally the Democratic referendum petition only proposed to repeal parts of HB 194. However, the referendum organizers have started over because their original proposal was flawed. For simplicity, the revised referendum petition repeals the entire bill. That means the parts of the bill that are responsible for eliminating the Constitution, Green, Libertarian and Socialist Parties would also be suspended if the petition succeeds.

Libertarian Party D.C. Write-In Case May be Settled by Mediation

On August 19, the U.S. Court of Appeals, D.C. circuit, issued an order postponing the briefing schedule in Libertarian Party v D.C. Board of Elections, 11-7029, to see if the case might be settled by mediation. This is the lawsuit over whether the District of Columbia Board of Elections should count write-ins for declared write-in presidential candidates. If mediation does not resolve the dispute, the opening brief will be due October 28, 2011.

Both Statewide Alternative Candidate Petitions in Kentucky are Approved

Kentucky elects its statewide state offices in November of the odd years before presidential elections. This year, the Kentucky ballot will include one independent candidate for Governor, Gatewood Galbraith; and one Libertarian Party nominee for Treasurer, Ken Moellman. Each needed at least 5,000 valid signatures. Galbraith submitted 7,496; Moellman submitted 8,100. Both petitions have been approved.

This is the first time the Libertarian Party has ever been on the Kentucky ballot for a statewide office, in a non-presidential year. Neither the Green Party nor the Constitution Party has ever been on the statewide Kentucky ballot in a non-presidential year. There were no independent or minor party candidates on the Kentucky statewide ballot in 2007, nor in 2003.

All four states holding gubernatorial elections this year have at least one minor party or independent candidate on the ballot for Governor. The other states with gubernatorial elections this year are West Virginia, Louisiana, and Mississippi.

California Assembly Passes Badge Bill for Initiative Circulators

On August 15, the California Assembly passed SB 448 by a vote of 51-27. All Democrats who voted, voted “Yes”, although Democratic Assemblymembers Bob Blumenfield and Susan Bonilla did not vote. All of the “no” votes were Republicans. The bill requires petitioners to wear a badge that says “Paid Circulator” if that circulator is being paid. The bill no longer requires unpaid circulators to wear any badge, and the bill no longer requires the circulator’s badge to say if that circulator is registered to vote, and, if so, where.

The bill now returns to the Senate for concurrence in the Assembly amendments. The bill does not pertain to circulators who are working on a petition to get a candidate or a party on the ballot. Thanks to Ballot News for this news.