Ohio Green Party Press Release Promises New Ballot Access Lawsuit

Posted on by July 6, 2011
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On July 4, the Ohio Green Party put out a press release, blasting the legislature for passing HB 194, the omnibus election law bill that the state claims cures the constitutional defect in the old ballot access law that was struck down in 2006. See this story.

However, GovernorJohn Kasich has not signed the bill yet. And even if he does, it is possible the Secretary of State will rule that the four qualified minor parties (Constitution, Green, Libertarian and Socialist) should remain on the ballot through 2012. The previous Secretary of State already ruled they should be on for the various local partisan elections in 2011.

Procedural Victory in Virginia Circulator Residency Case

Posted on by July 6, 2011
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On July 6, the 4th circuit issued a 14-page opinion in Lux v Judd, 10-1997, the case challenging the Virginia law that says circulators for an independent or minor party U.S. House candidate must live in the district. The U.S. District Court had upheld the requirement, on the basis that in 1985, the 4th circuit had upheld the same residency requirement in Libertarian Party of Virginia v Davis. But now the 4th circuit says Libertarian Party of Davis is no longer binding precedent, given the U.S. Supreme Court rulings since then in 1988 (striking down a Colorado law banning paid circulators) and 1999 (striking down another Colorado law that banned circulators who were not registered to vote).

So, although the 4th circuit did not strike down the law, it is clear that it expects that the U.S. District Court should strike it down, unless the state can persuade the Court that there is a compelling state interest in the requirement. The case will probably be resolved in the next six months.

California Bill Advances, Outlaws Paying Voter Registration Workers on a Per-Registration Basis

Posted on by July 6, 2011
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On July 5, the California Assembly Elections Committee passed SB 205 on a party-line vote, with all Democrats in favor and all Republicans opposed. It outlaws paying workers on a per-registration card basis, when that worker is trying to persuade people to register into particular parties. Mark Hinkle, national chair of the Libertarian Party, and C. T. Weber, former state chair of the Peace & Freedom Party, both testified against the bill. The only method left for those two parties to remain ballot-qualified is to increase the number of people registered in those parties.

The bill now goes to the Assembly Appropriations Committee. It has already passed the Senate.

Nevada Supreme Court Rules Special Congressional Elections are Partisan

Posted on by July 6, 2011
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On July 5, the Nevada Supreme Court ruled 6-1 that special U.S. House elections are partisan elections. See this story. As a result, there will be eight candidates on the ballot in the September 2011 election in the 2nd district: the Republican nominee, the Democratic nominee, the Libertarian nominee, the Independent American Party nominee, and four independents.

If the ruling had gone the other way, there would have been 30 candidates on the ballot, none of them a party nominee.

Fred Newman Dies

Posted on by July 5, 2011
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On July 3, Fred Newman, the founder of the New Alliance Party, died. He was 76. See this story. Thanks to Nancy Hanks for this news.

The New Alliance Party made history in 1988, when it placed its presidential nominee, Lenora Fulani, on the ballot in all 50 states. The party also elected a Nebraska State Senator in 1988, although technically the election was non-partisan. Ernie Chambers was the New Alliance Party’s U.S. Senate nominee in Nebraska that year, and was a registered member of the New Alliance Party. He couldn’t be on the ballot simultaneously as a candidate for re-election to the State Senate, so he won with write-in votes.