A lower state court in Chicago will hear arguments on January 4, over whether Rahm Emanuel meets the Chicago residency requirement to run for Mayor. Emanuel is currently on the ballot, but some voter-plaintiffs are trying to get him removed. See this story. Meanwhile, the Chicago Board of Elections still hasn’t resolved the challenge to the petition of Carol Moseley Braun, another candidate for Mayor. The election is February 22.
The Republican Parties in two states, Idaho and South Carolina, are currently litigating whether they are constitutionally entitled to some procedure that will prevent adherents of other political parties from voting in Republican primaries. In Idaho, all the briefs are submitted, and Judge B. Lynn Winmill could rule at any time. That case is Idaho Republican Party v Ysursa, in U.S. District Court, 08-cv-165.
In South Carolina, the Greenville County Republican Party’s lawsuit is not as far along. Discovery was completed last month and the briefs will have been submitted by January 31, 2011. That case is Greenville County Republican Party Executive Committee v State of South Carolina, 6:10-cv-1407. The case is in front of Judge J. Michelle Childs.
Neither Idaho nor South Carolina has ever had registration by party, so under current law, any voter on primary day is free to choose any party’s primary ballot.
The U.S. Supreme Court has never settled whether political parties in open primary states are entitled to some procedure that prevents loyalists of other political parties from voting in their primaries. However, when the Oklahoma Libertarian Party tried to win the oppposite kind of ruling, it lost in the U.S. Supreme Court. In that case, the Libertarian Party wanted to create an open primary for itself. It desired that any registered voter ought to be free to ask for a Libertarian Party primary ballot. Oklahoma is a state that has registration by party. The party won in the 10th circuit, but in 2005 the U.S. Supreme Court reversed and said it wouldn’t be fair to the major parties if the Libertarian Party could do that. That ruling, Clingman v Beaver, has caused confusion, because until that ruling, the law seemed to be that parties were free to decide for themselves who can vote in their primaries.
The U.S. Supreme Court will decide next year whether to hear Green Party of Connecticut v Lenge, 10-795. This the case on discriminatory public funding. The state has asked to delay its response from January 14, 2011, to February 14, and the Court has granted the state’s request.
The Court will hear oral arguments in the other case involving public funding of candidates on March 28, 2011. The other case is from Arizona, a state that does not discriminate against minor party and independent candidates in its public funding system. The issue in the Arizona case is whether the system violates the Constitution by giving extra public funding to certain candidates, depending on the finances of that candidate’s privately-funded opponents.
The U.S. Supreme Court will decide next year whether to hear Green Party of Connecticut v Lenge, 10-795. This the case on discriminatory public funding. The state has asked to delay its response from January 14, 2011, to February 14, and the Court has granted the state’s request.
The Court will hear oral arguments in the other case involving public funding of candidates on March 28, 2011. The other case is from Arizona, a state that does not discriminate against minor party and independent candidates in its public funding system. The issue in the Arizona case is whether the system violates the Constitution by giving extra public funding to certain candidates, depending on the finances of that candidate’s privately-funded opponents.
Generally speaking, all states have finished tallying the votes from the November 2, 2010 election. This year, every state that had a U.S. Senate election, or a gubernatorial election, has reported write-in results for at least some offices (except for the five states that ban all write-in votes), except for Pennsylvania and Washington. Some states report the number of write-in votes for declared write-in candidates. Some states report the total number of miscellaneous write-ins. Some states do both.
Pennsylvania’s Elections Department said several weeks ago that it is working on a write-in tally for the November 2010 election, but that eight counties still had not reported their write-ins. The issue has legal significance, because a federal lawsuit is pending in Pennsylvania for failure to tally the write-in votes for Cynthia McKinney (Green Party presidential nominee in 2008) and for the failure of certain counties to count any write-in votes in 2008. The lawsuit argues that the 2008 failures are typical and ongoing.
Pennsylvania has no law requiring a write-in candidate to file a declaration of candidacy. Under Pennsylvania law, all write-ins must be counted and reported.
