Ohio News Organization Explains Its Criteria for Admission to Debates

Posted on by October 27, 2010
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The Ohio News Organization sponsored candidate debates this year for the gubernatorial and U.S. Senate races.  Only the Democratic and Republican nominees were invited to these debates.  Last month, Dan La Botz, Socialist Party nominee for U.S. Senate, complained to the Federal Election Commission that the Ohio News Organization did not list any objective criteria for its debates, and furthermore that no polls in Ohio had included everyone who is on the ballot for that office.  The U.S. Senate race has five candidates on the ballot.

On October 21, the Ohio News Organization responded to the La Botz complaint.  The Ohio News Organization says that its objective criteria is that it wants the two front-runners to be the only participants in its debates.  That is not what is usually meant by “objective criteria.”  Generally, “objective criteria” means some particular showing in the polls.  Even the Commission on Presidential Debates has a 15% poll showing, to determine who gets invited.  It will be interesting to see the FEC’s reaction to the Ohio News Organization’s defense.

Another Federal Lawsuit Over What Clothes Can be Worn at Polls

Posted on by October 26, 2010
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On October 26, Vincent McMahan, chair of World Wrestling Entertainment, filed a federal lawsuit against Connecticut’s Secretary of State.  The Secretary of State’s office had seemed to announce that voters would not be permitted to be within 75 feet of a polling place if they were wearing clothing that refers to World Wrestling Entertainment.  The Republican nominee for U.S. Senate in Connecticut, Linda McMahon, is married to Vincent McMahan, and she is well-known for having built that business.

Also on October 26, the Secretary of State issued a press release denying that she had promulgated any such blanket rule, but seeming to acknowledge that instances would be decided on a “case-by-case basis”, which is even worse, because it is arbitrary.  Thanks to Rick Hasen’s ElectionLawBlog for this news.

A similar lawsuit in Arizona was recently won by a voter who had warn a T-shirt mentioning the Tea Party.

Herb Lux Files Brief in 4th Circuit in Virginia Petitioner Residency Case

Posted on by October 26, 2010
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On October 26, Herb Lux filed this brief with the U.S. Court of Appeals, 4th circuit, in his ballot access case, Lux v Rodrigues, 10-1997.  This is the case that challenges the Virginia law that makes it illegal for anyone to circulate a petition for U.S. House, outside of the circulator’s home district.  The brief is 40 pages and is very strong.

U.S. District Court Won’t Force New York State to Reprint All its Ballots

Posted on by October 26, 2010
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On October 26, at another hearing in Credico v New York State Board of Elections, U.S. District Court Judge Raymond J. Dearie kept his own stay intact.  This means Randy Credico will be listed on the ballot only once, even though he is the nominee of two parties, the Libertarian Party and the Anti-Prohibition Party.

Attorneys for the state convincingly argued that it is impossible for all the ballots to be reprinted in time for the November 2 election.  Last week Judge Dearie had said that it is highly likely that the state’s discriminatory policy on fusion is unconstitutional.  It seems extremely likely he will issue a declaratory judgment in the near future, invalidating the policy that won’t let a candidate nominated by two unqualified parties (each with their own separate line)  have his or her name on the ballot in two places, yet does allow this for the nominee of two qualified parties, or even the nominee of one qualified party and one unqualified party.