U.S. District Court Refuses Any Relief to Michael Chamness

On March 30, U.S. District Court Judge Otis Wright denied injunctive relief to Michael Chamness, a candidate for U.S. House in the May 2011 special election, 36th district. His 19-page order is here. He said that there is not enough evidence that Chamness is injured by the state’s failure to let him have his party on the ballot, and also not enough evidence that Chamness is injured by not being allowed “Independent” either.

No precedent supports the idea that “independent” can be banned for candidates who seek that label. The 6th circuit, and the Supreme Courts of Massachusetts and Minnesota, have all ruled in the past that “independent” cannot be banned from the ballot. The case is Chamness v Bowen, U.S. District Court, Los Angeles, 2:11-cv-1479. Chamness will appeal to the 9th circuit.

News Story Contrasts Wisconsin and Ohio; Praises Ohio for Having Referendum

Republicans control state government in both Wisconsin and Ohio, and in both states, bills have passed to limit collective bargaining for government employees. Wisconsin does not have the referendum or initiative, so people who are unhappy with Wisconsin’s new law must resort to demonstrations and recall petitions. By contrast, Ohio has the referendum and the initiative, and labor is about to launch a petition drive to repeal the new law. See this story, which suggests that Ohio is more fortunate than Wisconsin.

Maine Voters Sue to Obtain Congressional Redistricting Before 2012 Election

On March 29, a group of Maine voters filed a lawsuit in federal court, to force the state to redraw the U.S. House district boundaries before the 2012 election. For some reason, Maine and Montana law provide that redistricting should not occur in the election that immediately follows completion of the census. Instead, both states won’t redistrict until 2013. The case is Desena v State of Maine, 1-11-cv-00117.

Montana, of course, does not need to redistrict any U.S. House district boundaries, because Montana only has one seat in the U.S. House.

Democratic Nominee Wins Rochester Mayoral Special Election, but a Majority of Voters Cast a Vote for a Minor Party Nominee

On March 29, the voters of Rochester, New York, held a special election to elect a new Mayor. The Democratic nominee, Thomas Richards, won with 49% of the vote. However, the Working Families and Independence Parties’ nominee, William Johnson Jr., polled 42%. And the third candidate in the race, Green Party nominee Alex Green, polled 9%.

9th Circuit Requests that U.S. District Court Act Promptly on Michael Chamness Lawsuit on California Ballot Labels

At 6:20 p.m. on March 29, the 9th circuit issued a very brief order in Chamness v Bowen, 11-70882. This is the federal lawsuit over whether California election law is unconstitutional for denying members of unqualified parties, and independent candidates, any label on the ballot except “no party preference.”

The order says, “Treating the petition as a request for a writ of mandamus to compel the district court to issue a preliminary injunction, the petition is denied. The district court is requested to act promptly on petitioner’s motion for a preliminary injunction.” The U.S. District Court held oral arguments on March 22 but still hasn’t ruled. Los Angeles County elections officials plan to start printing overseas absentee ballots on March 30, in the special election for U.S. House, 36th district. Chamness is on the ballot in that race.