U.S. District Court in New Jersey Won't Enjoin 4-Year Residency Requirement to Run for State Senate

On April 28, U.S. District Court Judge Noel Hillman, a Bush Jr. appointee, refused to grant injunctive relief to a candidate for New Jersey State Senate, Carl Lewis. The New Jersey Constitution sets a 4-year residency requirement in the state, in order to run for State Senate. Candidate Carl Lewis, who is famous for his success in Olympic track events and who wants to appear on the June 2011 Democratic primary ballot, argued that the New Jersey constitutional provision violates the U.S. Constitution, but he did not prevail. Here is the 2-page order. Here is a newspaper story about the decision. Lewis also has a lawsuit in state court, arguing that he meets the residency requirement. Thanks to Oliver Hall and Heidi Fuller for this news.

Arizona Governor Signs Bill to List Vice-Presidential Nominees on Arizona Ballot

On April 27, Arizona Governor Jan Brewer signed HB 2335. It says that vice-presidential nominees’ names should be printed on November ballots. As a result, North Dakota is the only state which does not print the names of vice-presidential nominees on November ballots.

HB 2335 had started out as a bill to also delete the names of presidential elector candidates from the November ballot, but the idea of removing the names of presidential elector candidates from the ballot faced political opposition. Many candidates for presidential elector, for the major parties, are state legislators, and they apparently enjoy seeing their names on the ballot in their role as presidential elector candidates.

Tennessee Senate Again Postpones Consideration of Ballot Access Bill

On April 28, the Tennessee Senate, which had been set to debate the ballot access bill that day, postponed that bill until May 5. The Senate bill, SB 935, has seven amendments pending, some of which lower the number of signatures needed for a new party to get on the ballot. One amendment proposes 10,000 signatures, and another amendment proposes 6,000. This is the sixth time the Senate has postponed consideration of the bill. It was originally on the consent calendar for March 21, but was removed. Since then it has been scheduled for the regular calendar on March 24, March 29, April 7, April 14, and April 28, but each time it was postponed to a future day.

The House has already passed a companion bill that leaves the number of signatures at 2.5% of the last gubernatorial vote (40,042 signatures). The legislature must pass some bill on this subject this year, because the existing law was held unconstitutional last year.

South Carolina Republican Party Asks for Clarification in Open Primary Lawsuit

As noted earlier, on March 30, a U.S. District Court Judge in South Carolina ruled that the Republican Party cannot close its primary to non-members, on the grounds that the party is always free to nominate by convention if it wishes. On April 27, the Republican Party filed a brief with the U.S. District Court, asking for clarification of the March 30 ruling. The party believes that the March 30 ruling is unclear on whether the challenged law is constitutional on its face, or constitutional as applied. Also, the party makes the case that the ruling is unclear on whether it is just a denial of injunctive relief, or a judgment that the case is now over in that court. A response from the state is due on May 16. Until these ambiguities are settled, it is not possible to know if the party will appeal. The case is The Greenville County Republican Party v State, 6:10-cv-1407.