U.S. Supreme Court Won’t Hear Roland Burris’s Ballot Access Lawsuit

On June 6, the U.S. Supreme Court announced that it would not hear Burris v Judge, 10-367. This is the lawsuit brought by former U.S. Senator Roland Burris of Illinois, after the 7th circuit denied him any opportunity to run in the special election for U.S. Senate in November 2010. The special election was to fill the seat for the remaining two months of President Barack Obama’s old Senate seat. Burris had been appointed to the remainder of the seat after Obama resigned to become President, but the 7th circuit had then ruled that Illinois most hold an election to fill the last two months of the term. But, the 7th circuit also said no one could appear on the ballot in that special election, except for the four individuals who were already on the November 2010 ballot for the full 6-year term election.

No philosophically sound justification exists for the 7th circuit decision. In effect, the voters, and the political parties, were all denied any ability to nominate candidates in this election. The U.S. Supreme Court was obviously troubled by the 7th circuit decision. The Supreme Court’s first conference on whether to hear this case had been held on November 23, 2010. It is extremely unusual for the Court to take that long to decide whether or not to hear a case.

Pennsylvania Minor Parties Ask for Rehearing in Ballot Access Lawsuit

On June 2, the Constitution, Green, and Libertarian Parties of Pennsylvania asked for a rehearing in the case against the Pennsylvania system that puts candidates in extreme financial jeopardy if they submit ballot access petitions that do not have enough valid signatures. The rehearing petition is very strong and is twelve pages long. The case is called Constitution Party of Pennsylvania et al v Cortes.

Bob Barr Criticizes Indictment of John Edwards

Former Congressman Bob Barr, the Libertarian Party presidential nominee in 2008, has this June 8 column on the recent indictment of John Edwards, the Democratic Party’s vice-presidential nominee in 2004. Edwards was indicted for supposedly breaking the federal campaign finance laws. One of his best friends and supporters gave him a great deal of money, which he used to support Rielle Hunter, his mistress. Federal prosecutors say the gift to Edwards was an illegal campaign contribution.

Nevada Supreme Court Will Hear Arguments in Special Election Case on June 28

The Nevada Supreme Court will hear State v Nevada Republican Party on June 28. This is the lawsuit over whether the upcoming special U.S. House election will be a partisan election or not. The lower court interpreted state law to mean that it should be a partisan election, in which parties nominate candidates. The fact that the court set a hearing in June probably means that the election will proceed on September 13. The seat is vacant because Congressman Dean Heller was appointed to the U.S. Senate a few weeks ago. The seat is the northern Nevada seat, centered on Reno.

So far, fifteen Republicans, eight Democrats, one member of the Independent American Party, and five independents have announced that they will run. However, because there are no primaries in special U.S. House elections in Nevada (both sides agree on that), if the State Supreme Court upholds the ruling of the lower court, party meetings will choose one nominee, and most of those Republican and Democratic candidates won’t be able to run. The independents will be able to run if they submit 100 valid signatures. If the Supreme Court reverses the lower court, then all those candidates will run on a single ballot and there will be no runoff.