Two Libertarian Nominees in Delaware Attempt to Also File in Major Party Primaries, but Major Parties Persuade State to Reject Filings

Delaware permits two parties to jointly nominate the same candidate.  Major parties nominate by primary, and qualified minor parties nominate by convention.

Two Libertarians, who have already been nominated by their own party, recently also cross-filed in major party primaries.  Their applications were initially accepted by the State Election Commission, but now the major parties have persuaded the Election Commission to reject the filings in the major party primaries.  UPDATE:  on July 15, one of the candidates, Will McVay, filed a lawsuit in state court to overturn the decision.  It is McVay v Dept. of Elections, Kent County, 5638-VCN.

The two candidates are Will McVay, for State House, 32nd district, and Brent Wangen, for U.S. House.  Delaware has very high filing fees for candidates in major party primaries, although there are no filing fees for candidates nominated in minor party conventions.  McVay paid the $834 to file in the Democratic primary, and another $834 to file in the Republican primary.  Wangen only filed in the Republican primary, which cost him a fee of $3,400.

Nothing in the Delaware election law gives a major party the authority to reject a candidate who files in its primary, if the candidate meets the constitutional qualifications to hold the office and pays the fee.  A 1994 Attorney General Opinion says that it is legal for someone to file in a primary if that person is not a registered member of the party.  But the Opinion also suggests that such a candidate can be rejected by the major party, but there is no statutory basis.

In 2008, the Delaware Libertarian party cross-endorsed two Republican nominees for the legislature, and the Republican Party did not object to that.  Of course, in the 2008 case, the two nominees were registered Republicans.

Tea Party Appears to Qualify for the Michigan Ballot

On July 14, the Tea Party submitted 59,400 signatures on a petition to qualify itself as a political party in Michigan.  If at least 38,024 signatures are valid, the party will then be ballot-qualified and will nominate candidates by convention.  See this story.  Most reporters suspect that the group that collected the signatures has nothing to do with the tea party movement, and that the resources for the petition are from individuals and groups who generally support the Democratic Party.

Just having the Tea Party qualified means little, if the party doesn’t nominate candidates.  In 2004 groups linked to the Democratic Party qualified two parties in Colorado, the Pro Life Party and the Gun Owners Rights Party.  However, neither party never actually nominated any candidates, and the two parties went off the Colorado ballot for failing to meet either the vote test or the registration test.  Thanks to Jason Miller for this news.

Another Congressional Candidate Sues Virginia over Residency Requirement for Circulators

Virginia does not let anyone circulate a petition for district office, if the circulator doesn’t live in that district.  On July 13, an independent congressional candidate in the 7th district, Herb Lux, filed a lawsuit in U.S. District Court in Richmond to overturn that restriction.  The case is Lux v Rodrigues, 3:10-cv-00482.  It was assigned to Judge Robert E. Payne, a Bush Sr. appointee.

The Libertarian Party has a similar case pending in U.S. District Court in Alexandria, which was filed June 3, 2010.

Similar lawsuits have won in the 2nd, 3rd, 6th, 7th, 9th, and 10th circuits.  Virginia is the only state in the 4th circuit which has residency requirements for petition circulators.

Alabama Editorial Ponders Whether Democrats Determined Outcome of Alabama Republican Gubernatorial Runoff

On July 13, Alabama held a run-off primary for the Republican Party, to determine who the party’s gubernatorial nominee would be.  Robert Bentley defeated Bradley Byrne, even though earlier Byrne had been considered the front-runner and the choice of most party leaders.

This Huntsville Times editorial suggests that Democrats voted heavily in the Republican run-off, something that is legal.  Democrats did not have a run-off primary.  Alabama does not have registration by party.  The editorial says the union that represents public school teachers was angry at Byrne, and that the union encouraged its members (most of whom are believed to be Democrats) to vote in the Republican run-off primary against Byrne.  Thanks to Ed Still of Votelaw for the link.