Nevada Republican Party Sues Secretary of State Over Special U.S. House Election

Posted on by May 5, 2011
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On May 5, the Nevada Republican Party filed a lawsuit in state district court in Carson City, over whether the September 2011 special U.S. House election should have partisan nominees or not. Nevada has never before had a special U.S. House election. The rules are unclear, and the Secretary of State, who is a Democrat, had determined earlier this week that the election should be conducted as though the office is non-partisan, except that each candidate would have a label on the ballot, indicating his or her party (as determined by voter registration records).

The lawsuit argues that it is clearly the intent of the legislature that special U.S. House elections, just as regularly-scheduled U.S. House elections, are partisan elections in which parties nominate candidates. If the lawsuit wins, the qualified parties will nominate by convention or caucus, under their own rules, because the law says there should be no primaries in special congressional elections. The case is Nevada Republican Party v State of Nevada, 11-oc-00147.

Florida Legislature Passes Omnibus Election Law Bill which Curtails Ballot Access

Posted on by May 5, 2011
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On May 5, the Florida Senate passed HB 1355, the 157-page omnibus election law bill. It returns to the House because the version passed by the House is not exactly the same. The vote in the Senate was 25-13. All twelve Democrats voted “No”, and one Republican Senator also voted “No.” UPDATE: a few hours later, the House passed the bill by 80-37.

The bill makes it virtually impossible for a new political party, or an old political party that does not have “national committee” status, to place a presidential nominee on the ballot. It also tells all political parties that they may not nominate someone (for any office) who was a registered member of another party during the year before filing.

Assuming the bill is signed into law, the ballot access provisions will be challenged in court.

Tennessee Senate Moves Vote on Ballot Access Bill to May 9

Posted on by May 5, 2011
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The Tennessee Senate had been scheduled to vote on SB 935 on May 5, but the bill has been reset for Monday, May 9. SB 935 is the ballot access bill for minor and new political parties. When the Senate does take up the bill, it will consider seven amendments, some of which change the number of signatures. The bill has now been set for a vote, and then postponed, eight times now.

Eighth Circuit Dismisses South Dakota Lawsuit on Petitioner Residency, for Lack of Standing

Posted on by May 5, 2011
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On May 4, the 8th circuit issued a 7-page opinion in Constitution Party of South Dakota v Nelson, 10-2910. This is a case on the constitutionality of South Dakota’s ban on out-of-state circulators, which has only existed since 2007. The 8th circuit concluded that none of the plaintiffs have standing, and dismissed the case without prejudice.

The out-of-state plaintiff in this lawsuit who wanted to circulate petitions to help the Constitution Party place candidates on its own primary ballot, Mark Pickens, never actually submitted a declaration that he wanted to do this work. Of course, that is not Mark Pickens’ fault; he is not an attorney and was not the person charged with knowing legal technicalities. The 8th circuit’s action in dismissing the case without prejudice is helpful to opponents of state bans on out-of-state circulators. The U.S. District Court Judge had believed the plaintiffs do have standing and had upheld the ban on out-of-state circulators, but his opinion is now overruled.

The next outcome involving bans on out-of-state circulators in states within the 8th circuit will come soon, in a pending Nebraska case, Citizens in Charge v Gale. That case is in U.S. District Court and was argued early this year.

Pew Research Center Releases New Political Typology Study

Posted on by May 5, 2011
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On May 4, the Pew Research Center released its fifth study of U.S. voters and their ideological views. Pew previously did such studies in 1987, 1994, 1999, and 2005. Using cluster analysis and survey research, the Center finds eight “core typology groups”, plus a ninth group of people who do not engage in political activity and do not form political opinions. The eight groups include two types of Republicans: Staunch Conservatives and Main Street Republicans. Also, there are three types of Democrats: New Coalition Democrats, Hard-Pressed Democrats, and Solid Liberals. Finally, the study identifies three groups of people who do not identify with either major party: Libertarians, Disaffecteds, and Post-Moderns.

The study says that the people who do not identify with either major party are not necessarily “moderates”; rather they include a large number of voters who hold extremely strong ideological positions. This discovery is not new, but it has been consistently overlooked by the business groups and newspapers who have supported top-two election systems. Thanks to Political Wire for the link.