Lower State Court in Pennsylvania Accepts Validity of Signatures Collected by non-Residents, but Then Rules that Candidate Still Lacks Enough Valid Signatures

On October 7, a Commonwealth Court heard In re Nomination Petition of Carl Stevenson again.  This is the case over whether an independent candidate for the legislature should be on the ballot.  The first time this case had been in Commonwealth Court, the Commonwealth Court Judge had ruled that signatures collected by someone who lives outside the district are invalid.  Then the State Supreme Court had ruled that the Commonwealth Court should look at the petition again, and this time check all the signatures, even those collected by the out-of-district circulators.

Another Commonwealth Court judge had the case this time, and he ruled that signatures by out-of-district circulators are valid.  But then, having looked at all signatures, he ruled that the candidate still doesn’t have enough signatures.  See this story.

Nevada Supreme Court Rejects Citizens Outreach Lawsuit to Remove Scott Ashjian from Ballot

On October 6, the Nevada Supreme Court rejected the lawsuit filed by Citizens Outreach to remove Scott Ashjian, Tea Party candidate for U.S. Senate, from the ballot.  See this story.  If the Citizens Outreach lawsuit had prevailed, that would have had the effect of vastly increasing the difficulty of getting a new party on the Nevada ballot, and would have disqualified the Green Party as well as the Tea Party.  The case is Burdish v Miller, 56795.  The Nevada Supreme Court 5-page decision does not reach the merits of the case, but just says that the lower court was correct when it ruled that a case of this type should have been filed much sooner than it was filed.

The earlier case to remove Scott Ashjian from the ballot is still pending in the State Supreme Court, but it is clear that the decision, when it comes, will not affect this year’s ballot.  The other case is Fasano v Miller, no. 56040.

New York City Independence Party Files Amicus in Support of Conservative/Working Families Lawsuit Over How to Count Certain Ballots

Last month, the Conservative and Working Families Party of New York state filed a federal lawsuit, challenging the state’s policy on counting ballots when a voter casts two votes for a single office, and both votes are for the same candidate.  The state says it will count such ballots as votes for the party with the higher position on the ballot.  For example, if a candidate is the nominee of the Republican Party and the Conservative Party, and a voter votes for that candidate under both party lines, only the Republican vote would count.

The lawsuit does not say what the state should do in that situation, but it argues that the state’s policy is discriminatory and unconstitutional.

On September 29, the Independence Party of New York city filed an amicus curiae brief on the side of the Conservative and Working Families Party.  The state officers of the Independence Party seem not to have taken a position on the lawsuit.  The officers of the Independence Party of New York city and the officers of the statewide Independence Party are somewhat hostile to each other.

CNN/TIME Poll Shows Tea Party Candidate Does Not Hurt Republican U.S. Senate Nominee in Nevada

A CNN/TIME poll of the Nevada U.S. Senate race shows that Scott Ashjian’s presence on the ballot as the Tea Party candidate does not injure the Republican nominee, Sharron Angle.  See it here.  Scroll down to Nevada.

The pollster first got these results:  Sharron Angle, Republican, 42%; Harry Reid, Democrat, 40%; Scott Ashjian, 7%; None of the Above or Other, 10%.

Then the pollster asked respondents to imagine that Angle and Reid are the only two names on the ballot, and asked how they would vote.  The results:  Sharron Angle 47%; Harry Reid 45%; would refuse to vote for either 8%.

This evidence corroborates survey research and election returns research showing that Ralph Nader did not injure John Kerry in the 2004 presidential election.  It confirms the findings of the research done by Samuel Lubell about the 1948 presidential election, showing that Henry Wallace helped, and did not injure, Harry Truman.  It matches the findings of the social psychology research about three-cornered choices generally, presented in the book “Predictably Irrational.”  Yet it completely contradicts the perceived wisdom that a minor party of the “right” injures Republicans, and a minor party of the “left” injures Democrats.  Thanks to PoliticalWire for the link.

California Minor Party Gubernatorial Candidates Hold Press Conference to Publicize Lack of Inclusive Debates

Over half the states in which major party gubernatorial and U.S. Senate candidates have debated each other have included at least one minor party or independent candidate in those debates.  However, this year in California, no statewide candidate debates between the major party nominees have included any minor party or independent candidates.

On October 6, the California minor party gubernatorial candidates held a press conference in Sacramento, to publicize the idea that California is behind the remainder of the country.  The event was sponsored by Free & Equal.  See this Sacramento Bee story.

The November 1 print edition of Ballot Access News will list the states and debates that have been inclusive, for statewide office.