Fifth Circuit Won't Rehear Libertarian Ballot Access Case from Louisiana

On March 15, the 5th circuit refused to rehear Libertarian Party v Dardenne, 09-30307. Earlier the 5th circuit had ruled that the dispute is moot. Oddly, though, another panel of the 5th circuit had ruled a few weeks earlier that a similar lawsuit from Mississippi is not moot. The Mississippi case involved Brian Moore’s being kept off the ballot because of late paperwork. The Louisiana case involves Bob Barr, Brian Moore, and Ted Weill (Reform Party 2008 presidential candidate) being kept off the ballot because of late paperwork.

The 5th circuit did not explain why it won’t rehear the case. The Libertarian Party will probably ask the U.S. Supreme Court to hear the case.

Filing Closes for Montana Primary

Montana has four ballot-qualified parties: Constitution, Democratic, Libertarian, and Republican. All four nominate by primary. Filing for the June 2010 primaries closed on March 15.

The Libertarian Party has a candidate for the only statewide office on the ballot, U.S. House. The Libertarians also have one candidate for State Senate, five for State House, and one for Sheriff.

The Constitution Party has six candidates for the State House, but none for the only statewide office (U.S. House), and none for State Senate. Because the party is not running for a statewide office, it will lose its spot on the ballot after November 2010. When a party meets the vote test it remains on for the next two elections. It met the vote test in 2006, which kept on for 2008 and 2010, but it did not meet the test in 2008. However, the party has successfully completed the party petition four times before, so presumably it can do so again in 2011.

Montana requires independent candidates (for office other than President) to submit petitions in March. Out of the 125 state legislative races, only three independents filed. Two chose the label “independent” and one, Cheryl Wolfe, chose “Green.”

California Primary Ballot Pamphlet Printing Delayed While Disputes over Wording Continue

On March 16, the California State Court of Appeals, 3rd district, issued an order that the California ballot pamphlet printing process be delayed unto further notice. Without the order, the pamphlets would be being printed now. The order was because of the ongoing disputes about wording of some of the statewide ballot measures.

San Diego Newspaper Shines Spotlight on Who is Paying for Pro-Proposition 14 Mailings

The San Diego Reader is a free weekly newspaper that has existed since 1972. Its latest issue has this story, which tries to determine who is paying for the literature that has been being postally mailed to California voters ever since late last year. The brochures say they are from the California Independent Voters Project. The return address is the law office of the attorney for the pro-Proposition 14 forces.

As the Reader article says, the California Independent Voters Project is a 501(c)(4) organization, so it doesn’t need to say where its contributions come from. The author of the article was able to learn that Eli Lilly Company, the drug manufacterer, contributed.

Another committee to support Proposition 14, called “Yes on 14 – Californians for an Open Primary” is registered with the Secretary of State, and it does disclose its contributors and expenses. It has received over $500,000 in contributions so far. However, it has spent almost nothing, and thus could not be the source of the financing for the postal mailings.

Illinois Bill to Move Primary from February to March Passes Legislature

On March 11, the Illinois House passed SB 355. It moves the primary from February to the third Tuesday in March. The Senate had passed it back on February 24. On March 12 the bill was sent to the Governor.

The bill has no impact on petition deadlines for minor parties and independent candidates. Those petitions are all due in late June, and that petition deadline is not keyed to the date of the primary.

Assuming the Governor signs it, Texas will have the earliest primary (in midterm years) of any state.