Procedural Victory in Vermont Ballot Access Lawsuit

On February 22, a Vermont Superior Court denied the state’s motion to dismiss the case Trudell v Markowitz, which is pending in Washington County, 612-8-10-wn-cv. This is the case that challenges the June petition deadline for independent candidates. The plaintiff, Jerry Trudell, was an independent candidate last year for U.S. House, but he was unable to meet the deadline. Until 2010, the Vermont independent candidate petition deadline had been in September, but the 2010 session of the legislature made it drastically earlier than it had been. The Vermont primary (for office other than President) is in August.

Here is the decision. It says a trial is needed to settle the issue of whether the early deadline is needed for any important state purpose. The hearing will be sometime later than May 15.

Kansas Bill, Suspending Presidential Primary in 2012, Advances

On February 22, the Kansas Senate tentatively approved SB 128, the bill to suspend the presidential primary in 2012. No roll call vote was taken. The bill will receive a final vote on February 23. The Secretary of State asks for the suspension because he estimates the primary will cost the state $1,321,122 and the money is not in the state budget. UPDATE: as expected, the Senate passed the bill on February 23.

Kansas has frequently suspended its presidential primary in the past for fiscal reasons. The only years Kansas has actually held a presidential primary have been 1980 and 1992.

Upcoming Special Congressional Election Already has Poll Results, Even Before Election has been Announced

Although California Congresswoman Jane Harman is expected to resign her seat on February 28, no one may even start to file papers to run in the special election until she does resign. However, polls are already being commissioned to measure the voter appeal of two candidates expected to run in the special election, Janice Hahn and Debra Bowen. See this story.