Ohio Supreme Court Rejects Independent Candidate for Mayor of Elyria

On August 24, the Ohio Supreme Court dismissed the case State ex rel Quinn v Lorain County Board of Elections, 2011-1124. The case had been filed by an independent candidate for Mayor of Elyria, a city which uses partisan elections. The candidate, Tim Quinn, was kept off the general election ballot because he had voted in the primary. The election law does not say that independent candidates must not have voted in the primary. Sometimes Ohio election officials keep independent candidates off the ballot because they voted in the primary, and sometimes they don’t. It is very disappointing that the Supreme Court dismissed this case without even writing an opinion. See this story.

Cherokee Nation Has Constitutional Election Law Controversies

Just as the states of the United States have many election law disputes involving constitutional issues, so does the Cherokee Nation. That sovereign organization that co-exists within the United States has a September 24, 2011 election, and a recent Cherokee Nation Supreme Court decision is requiring the Nation’s election administrators to remove some voters from the rolls. See this story.

Matthew Dowd Essay on Chances of a Strong “Other” Presidential Candidate in 2012

Matthew Dowd has this column in the Huffington Post on the chances of a powerful presidential candidate in 2012 who is not the nominee of either the Democratic or Republican Parties. The column says that if no one gets a majority in the Electoral College, and the U.S. House chooses the President, Republicans have an advantage. The piece says that Republicans virtually always carry more states. This is not correct. In 2008, Republicans only carried 22 states; in 1996, they only carried 19; in 1992, they only carried 18.

One must go back to 1976 to find an election at which the Democrats won, but the Republicans carried more states. In 1976, Gerald Ford carried 27 states but still lost the election. Thanks to Peter Gemma for the link. The article originally appeared in the National Journal.

New Mexico 2010 State Tax Forms Illegally Omit Libertarian, Constitution, Independent Parties on Voluntary Contributions Schedule

New Mexico is one of twelve states that lets state income taxpayers choose to send a contribution to the political party of the voter’s choice. New Mexico’s Tax Code says in section 7-2-31 that all parties qualified under section 1-7-2(A) are to be listed on the state income tax form, on the Voluntary Contributions Schedule.

However, the 2010 state income tax forms only list the Democratic and Republican Parties, even though when these forms were printed (in late 2010), the Libertarian, Constitution, and Independent Parties were ballot-qualified. This is the second time New Mexico tax forms have been prepared improperly; the 2007 forms had the same deficiency. The qualified minor parties complained in 2008, and the 2008 and 2009 tax forms did include the minor parties.

The political culture of New Mexico seems to encourage this type of behavior. New Mexico ballots in recent year have included a straight-ticket device, but only for the Democratic and Republican Parties. There is no authority in the law for any straight-ticket devices, but New Mexico ballots traditionally have had them anyway. Starting in 2006 the straight-ticket devices disappeared for the minor parties. The current Secretary of State says she won’t print any straight-ticket device for any party in 2012.

Poll Shows No Candidate has Majority Support in Nevada Special U.S. House Election

On September 13, Nevada elects a new member of Congress in the 2nd (northern) district. A Public Policy Polling poll released August 23 shows: Republican Mark Amodei 43%, Democrat Kate Marshall 42%, Independent American Party nominee Tim Fasano 3%, independent candidate Helmuth Lehmann 3%, undecided 8%. Thanks to Political Wire for the link.