Independent Political Report Pays Steep Penalty for Minor So-Called Copyright Infraction

One of the two Las Vegas daily newspapers, the Review-Journal, said in an editorial on June 1 that the newspaper would not tolerate any blogs that reprint a few sentences of a Review-Journal news story and then link to that story.  A few weeks later, it sued at least 80 blogs for copyright infringement.  The link to the story itself is not a problem, but the newspaper didn’t like any part of its story being reprinted.  Technically the plaintiff was not the Review-Journal itself, but a corporation called Righthaven LLC.

One of the unlucky blogs was Independent Political Report, which was sued for $75,000 on July 8 in federal court in Las Vegas.  IPR had printed a few lines of the Review-Journal story and then linked to the newspaper’s full story.  Reportedly the suit was settled by IPR’s paying $4,000.  That settlement penalty, in BAN’s opinion, is a grossly disproportionate punishment for a very common practice, and a very unjust outcome.  It is possible that IPR itself is muzzled from mentioning this outcome because of the terms of the settlement.  IPR did not reveal this news to BAN and has not mentioned the incident.

Most Georgia Independent Candidate Petitions Fail to Have Enough Valid Signatures

A majority of the candidates who set out this year to qualify for the Georgia general election ballot by petition have already failed to qualify.  The two statewide independent candidates, Brad Bryant for Schools Superintendent, and Raymond Boyd, did not even collect the legal minimum, and so did not file any signatures.

Mary Norwood, independent candidate for Chair of the Fulton County Commission, submitted 33,000 signatures to meet a requirement of 22,598.  However, election officials never finished checking her petition, because she was four hours late to pay the filing fee.

Six independent candidates submitted petitions to run for the legislature.  Already, the petitions of two of them have been invalidated because they didn’t have enough valid signatures.  See this story, which says that one independent petition was apparently disqualified because some of the sheets were on eight-by-eleven inch paper, whereas others were on eight-by-fourteen inch paper.

There are still four independent candidates whose petitions aren’t checked yet.  They may or may not qualify.  The results will probably be known by August 6.  They are Chuck Pardue for State Senate 23rd district, and these state house candidates:  Brook Nevel, 51 st district; Allen Williamson, 82nd district; and Kirk Howell, 108th district.

State house incumbent Rusty Kidd in the 144th district is on the ballot as an independent, but he did not need to petition.  Georgia relieves independent incumbents of the need to submit a petition.  Kidd was first elected in a special election as an independent, and he didn’t need a petition in that election either, because Georgia doesn’t require any candidates in special elections to submit a petition.   UPDATE:  Kidd did need his own petition this year.  The law exempting incumbent independents from filing a petition does not apply to people who were elected in the previous election as independents, when the previous election was a special election.  Thanks to the commenter below for this correction.

July 2010 Ballot Access News Print Edition

July 1, 2010 – Volume 26, Number 2

This issue was originally printed on white paper.


Table of Contents

  1. CALIFORNIA PASSES PROPOSITION 14, REMOVES MINOR PARTIES FROM THE GENERAL ELECTION CAMPAIGN
  2. UTAH SUPREME COURT OK’s E-SIGNATURES
  3. SOUTH CAROLINA GOVERNOR VETOES RESTRICTIVE BILL
  4. COLORADO VICTORY
  5. COLORADO DEFEAT
  6. TEXAS DEMOCRATS SUE TO REMOVE GREENS
  7. HIGH COURT RULING ON PETITION PRIVACY
  8. U.S. SUPREME COURT WON’T HEAR TWO BALLOT ACCESS CASES
  9. WHEN DID A MINOR PARTY CANDIDATE FOR LEGISLATURE LAST APPEAR ON BALLOT?
  10. 2010 PETITIONING FOR STATEWIDE OFFICE
  11. POLL SHOWS 25% OF VOTERS WANT TO VOTE FOR NON-MAJOR PARTY CANDIDATE FOR CONGRESS
  12. NORTH CAROLINA INDEPENDENT PETITITON FOR U.S. HOUSE BOTH SUCCEEDS AND FAILS
  13. CALIFORNIA SPECIAL ELECTION
  14. GEORGIA REPUBLICAN MUST PETITION AS AN INDEPENDENT CANDIDATE
  15. MARYLAND INDEPENDENT PARTY REMOVED FROM BALLOT
  16. LAROUCHE SUPPORTER WINS DEMOCRATIC U.S. HOUSE PRIMARY
  17. SUBSCRIBING TO BAN WITH PAYPAL

CALIFORNIA PASSES PROPOSITION 14, REMOVES MINOR PARTIES FROM THE GENERAL ELECTION CAMPAIGN

On June 8, California voters passed Proposition 14, by 53.7% to 46.3%. It provides that the only two candidates who can be on the November ballot for Congress and partisan state office are the two candidates who poll the most votes in June. The implementing language also says that write-in votes in November for Congress and state office can no longer be counted.

Proposition 14 was put on the ballot by the state legislature in February, 2009. Most legislators did not favor that system, but they voted for it in return for State Senator Abel Maldonado’s vote for the budget.

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Connecticut Governor Vetoes Bill to Repair Public Funding Program

On July 30, the Connecticut legislature came into one-day special session and passed SB 551, a bill designed to eliminate the unconstitutional parts of the public funding law.  But on August 2, Governor M. Jodi Rell vetoed the bill.  See this story.

The legislature may override her veto.  If it does not, the entire public funding law will cease to exist, because the old law does not have a severability clause.  The bill put a severability clause into the law.  The bill also eliminates the extra public funding for certain candidates; lets lobbyists give contributions; increases the amount of money gubernatorial candidates may receive; and reduces public funding for candidates who don’t remove their lawn signs from previous elections.  The Governor says she vetoed the bill because of the increase in public funding for gubernatorial candidates.  The bill increases their funding from $3,000,000 to $6,000,000.  The governor has other criticisms of the bill also.  Here is her veto message.