Mary Norwood Lawsuit Over Georgia Signatures Dismissed

On July 1, a state court judge in Georgia dismissed the lawsuit that had been filed by Mary Norwood, over the validity of between 8,000 and 9,000 signatures with the county name pre-printed on the petition forms.  See this story.  That does not necessarily mean that the petitions will not be counted.  It appears the judge didn’t believe the lawsuit is ripe.  It is possible that Norwood will have enough signatures even without the disputed signatures; and it is also possible that the Fulton County elections office will recognize the signatures as valid.

California State Court Seems Disinclined to Alter Recognized State Officers of the American Independent Party

On June 30, a Solano County, California Superior Court Judge suggested orally that he will not alter the state’s recognition of Markham Robinson as state chair of the American Independent Party.  Robinson is the leader of the faction of the party that is opposed to the national Constitution Party, and the faction that put Alan Keyes on the November 2008 ballot as the AIP’s presidential candidate.

The Robinson faction of the AIP held its state convention and state central committee meeting on June 26 in Sacramento.  Eleven members of the State Central Committee attended.  A few individuals who are entitled to be on the State Central Committee, but who are opposed to Robinson’s leadership, were initially seated but shortly afterwards told they would not be permitted to remain in the room.

The faction of the AIP that is associated with the Constitution Party will hold its own state convention and state central committee meeting in August, and that meeting is expected to have a much larger attendance of State Central Committee members.  However, the passage of Proposition 14 makes it even more difficult than before for any neutral person to say with confidence who is or is not a proper member of the AIP state central committee.  The election code sets forth internal rules for the American Independent Party.  It says that the party’s nominees for federal and state office are automatically members of the committee, and that nominees for public office may also make other appointments to the committee.  But under Proposition 14, parties no longer have nominees (except for President).  Proposition 14 and its implementing legislation did not directly alter the AIP code section.  Proposition 14 does not go into effect until 2011, but the implementing language, contained in Senate Bill 6, has already gone into effect.

The Superior Court will hold another hearing on July 21 to see if attorneys for the Robinson faction should be sanctioned for failing to appear for some depositions earlier this year.

There is no written order yet from the June 30 hearing.

Delaware Ballot Access Bill Passes

On the evening of June 30, the Delaware Senate passed HB 425, the bill that says the new higher requirements for minor parties to be on the ballot should not take effect until 2011.  Assuming the Governor signs the bill, this keeps the Constitution and Green Parties on the ballot this year.

The old law requires parties to have registration membership of at least one-twentieth of 1%.  The new law requires them to have registration of one-tenth of 1%.  The new requirement was passed early this year, but then the parties that are affected complained that they were not given enough time to comply with the new requirements.

California State Court May Order Late Riverside County Ballots to be Counted

On July 1, a Superior Court Judge in Riverside County, California, ordered Riverside County elections officials not to certify the votes cast in the June 8 primary, until the next court hearing.  The lawsuit contends that approximately 12,000 mail ballots should be counted.  The lawsuit appears to be one in which both the plaintiff and the defendant are actually on the same side, with each hoping for a court order that the ballots should be counted.  See this story.

The ballots have not been counted yet because state election law says mail ballots can’t be counted unless they are in the hands of elections officials by 8 p.m. on election day.  The Riverside County ballots would have been delivered on time, except that the Riverside County elections department send an employee to the wrong post office to collect the ballots.  Unbeknownst to the elections officials, the post office had them in a different post office than the post office the elections officials visited.