D.C. Circuit Keeps Libertarian Party Write-in Case Alive

On July 21, three judges of the U.S. Court of Appeals, D.C. Circuit, rejected the motion of the Board of Elections to summarily rule against the Libertarian Party, in Libertarian Party v D.C. Board of Elections, 11-7029. The Court will now set a briefing schedule. The issue is whether the U.S. Constitution protects the right of voters to have their write-ins counted, in presidential elections. The D.C. election law provides that write-in presidential candidates may file a declaration of write-in candidacy, but then the Board won’t count the votes for such presidential candidates. In 2008, Bob Barr, the Libertarian Party presidential candidate, was the only write-in candidate for President who filed to have his write-ins counted. The lower court had said the Board’s interest in saving money is more important than the right to have votes counted.

The one-page order says, “The merits of the parties’ positions are not so clear as to warrant summary action. Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.”

Congressional Bills on Public Financing for Candidates Appear to Falter

In early April 2011, bills were introduced in both houses of Congress to provide for public funding of congressional candidates. They are S 750 and HR 1404. The bills do not discriminate for or against any candidate based on party affiliation or independent status. The Senate bill had 12 co-sponsors in April but has only gained one co-sponsor since April. The House bill had 52 co-sponsors in April, 12 more in May, but only four more in June and only six more in July, so far.

Interest is not high for these bills because there is a perception that they cannot possibly pass this session of Congress. Generally Democrats support public funding and Republicans do not, and of course Republicans are a majority in the House.

Gatewood Galbraith Submits Ballot Access Petition to run for Kentucky Governor as an Independent

On July 21, independent gubernatorial candidate Gatewood Galbraith submitted his ballot access petition in Kentucky. See this story. The only other minor party or independent candidate petition circulating in this year’s Kentucky state elections is the Libertarian Party petition for Ken Moellman for State Treasurer, which is still being worked on. Kentucky petitions are due in early August 2011.

All four states that have gubernatorial elections this year will have independent or minor party candidates in those elections. The states are Kentucky, Louisiana, Mississippi, and West Virginia.

Egypt Will Use Proportional Representation in September 2011 Parliamentary Election

Egypt will use the type of proportional representation pioneered by West Germany, in the upcoming September 2011 Parliamentary elections. See this story. Parties that poll at least one-half of 1% of the total vote will be represented in the lower house. The age at which candidates are eligible to run has been lowered from 30 to 25.