As previously reported, on September 20, a U.S. District Court in Tennessee declared that state’s ballot access laws for new and previously unqualified parties to be unconstitutional.  The state has not filed a notice of appeal.  It is to be expected that the 2011 session of the state legislature will pass a new, better law.  The old law required a petition signed by 2.5% of the last gubernatorial vote, due four or five months before the August primary.  The law said the petition was to say that the signers are members of the party whose petition they are signing.

Maine has used public funding for state campaigns for ten years.  This year, a Republican state legislator who never applies for public funding filed a lawsuit against the part of the system that gives extra public funding to candidates who have well-funded opponents who do not use the public funding system.  The legislator, Andre Cushing, is running for re-election in one of Maine’s most competitive districts.  In 2008 the vote had been 2,974 for Cushing and 2,805 votes for his Democratic opponent.  He says he is hesitant to raise and spend any more money, because if he does, his opponent will get additional public funding.

Neither the U.S. District Court, nor the 1st Circuit, was willing to grant an injunction stopping the extra public funding, so McKee appealed to the U.S. Supreme Court.  First he asked Justice Stephen Breyer for injunctive relief, but that was denied on October 13.  The same day it was denied, he asked Justice Anthony Kennedy for the same relief.  Justice Kennedy then asked Maine to respond.  The state’s response is due October 21.  In the U.S. Supreme Court, the case is Respect Maine PAC v McKee, 10A362.  The co-plaintiff Respect Maine PAC is in the case because it wants to do more independent spending on behalf of Cushing.  Thanks to Rick Hasen for this news.

The Commission on Presidential Debates has a procedure whereby institutions and organizations that wish to be the site of a general election presidential debate in 2012 must apply to the Commission.  The guidelines will be available starting January 3, 2011.  Generally it is colleges or universities that apply to host these debates.  The application form will soon be available on the Commission’s web page, www.debates.org.