Third Circuit Denies Rehearing in Minor Party Lawsuit

On July 12, the Third Circuit refused to reconsider its ruling in Constitution Party v Cortes. The original ruling had said the Constitution, Green and Libertarian Parties of Pennsylvania don’t have standing to challenge any of these election law problems: (1) the failure of some counties to count write-ins, even though the law is clear that all write-in votes are valid; (2) the failure of the state elections department to tally the write-ins that were counted for Cynthia McKinney in November 2008 for President; (3) the law mandating that a party have registration of 15% of the state total before it can avoid petitions for its nominees; (4) the state’s unique system of charging up to $110,000 if a petition is submitted that lacks suficient signatures.

It is somewhat likely that new lawsuits will be filed soon, with slight variations, to make it logically impossible for any honest court to say there is a standing problem. The petition for rehearing had been pending since June 3.

Ron Paul Won’t Seek Re-Election to Congress

On July 12, Ron Paul announced that he won’t seek re-election to Congress. He feels that his campaign for the Republican presidential nomination will be stronger if he only focuses on the presidential contest.

Minor party and independent candidates never had a better friend that Ron Paul. In four different sessions of Congress, he introduced a bill to outlaw restrictive ballot access requirements for federal office. Also, several times he introduced a bill requiring presidential candidates who receive public funding to participate in inclusive general election debates, should they become a nominee in the general election. Both bills received votes on the House floor in 1998. The ballot access bill got 67 votes and the debates bill got 81 votes.

New Jersey Court Seeks Answer to Why Vote-Counting Machine Reported Too Few Votes for Democrats

On July 11, a New Jersey Superior Court ordered the production of printouts, maintenance logs and reports, and machine-testing procedure tapes, from the primary last month. Two Democratic candidates for Fairfield Township party office in Cumberland County earlier produced affidavits from enough voters who swore they had voted for them, to persuasively show that the Sequoia AVC Advantage vote-counting machine undercounted their votes. See this story.

Three State Legislatures Still Have Important Election Law Bills to Resolve

Most state legislatures have adjourned for the year. Three states in which the legislative process is not over, and which must deal with important election law issues, are New York, North Carolina, and California.

In New York, legislative and congressional redistricting is still not resolved. This Daily News editorial explains the current situation.

In North Carolina, the special session convenes soon and election law bills are on the agenda, including the ballot access reform bill, HB 32. Also pending is the omnibus election law bill, which includes a provision eliminating the straight-ticket device.

In California, many bills are part of the way through the legislature: the National Popular Vote Plan bill; a bill to count write-in votes when the voter forgets to fill in the square next to the name written in; a bill to move the presidential primary from February to June; a bill to provide for on-line voter registration; three bills to force petitioners to wear badges (but only if they are circulating initiative, referendum or recall petitions); a bill to outlaw paying circulators on a per-signature basis; and a bill to outlaw paying voter registration workers on a per-registration basis.

New Hampshire Libertarian Shows Significant Strength in Upcoming Special Legislative Election

On September 6, New Hampshire holds a special election for State Representative in the 14th district of Rockingham County, centered on Seabrook. Libertarian nominee Brendan Kelly will run against Republican nominee Kevin Janvrin and Democratic nominee Ryan Mahoney. Kelly is one of the New Hampshire Libertarian Party’s strongest vote-getters. He has been an elected official in city government. In the upcoming special election, he is likely to get significant support from Republicans who are disappointed in the outcome of the Republican primary for this seat. The Republican primary was a 7-candidate race, and the surprise winner is perceived by many Republicans to be someone who does not support Republican Party goals. See this story.

The special election is needed because the previous incumbent resigned after being charged with reckless driving. The district is heavily Republican.