The U.S. Supreme Court has several new documents in Burris v Judge, the case over whether it was proper for a U.S. District Court Judge in Illinois to order that the only people who could run in the special election for U.S. Senate in Illinois are the people who were already on the ballot in the regular election. See this story on Scotusblog. The appellees have already filed responses in the U.S. Supreme Court, and now Burris has submitted a petition for cert in addition to his original request for injunctive relief. Thanks to Thomas Jones for the link.
Most counties in New Jersey squeeze all minor party and independent candidates into a single column, headed “Nomination by Petition”, whereas Democratic and Republican nominees each have their own party column. Because New Jersey has easy ballot access, there are usually at least seven or eight candidates on the ballot for President, Governor and U.S. Senator. Many voters probably never even see the names of minor party and independent candidates, because of their awkward spot on the ballot.
Chris Daggett, an independent candidate for Governor in 2009, attracted a great deal of support, and he was the first non-major party nominee to poll over 5% of the vote for New Jersey Governor since 1913. He had filed a lawsuit in state court on September 18, 2009, alleging that the unequal ballot format is unconstitutional. Because he filed the case so late, he did not receive injunctive relief. However, he had intended to keep the lawsuit alive after the election, to win declaratory judgment, which would have been very helpful in the future. Unfortunately, he has dropped his lawsuit. The case was closed back on June 22, 2010. It was Olson v Corzine, Morris County, L30-22-09.
A Florida state court will hold oral arguments on September 21 in Morton v Crist, a lawsuit filed by donors to Governor Charlie Crist who want their money back. See this story.
The Los Angeles Times has this story about Vernon, California, a city which never has contested city elections, and in which virtually all voters are dependent on city officials for the ability to live inside the city limits. Thanks to Rick Hasen’s ElectionLawBlog for the link.
Hawaii held a primary for the five ballot-qualified parties on Saturday, September 18. Tentative returns show that 336 voters chose the Green Party primary, 316 voters chose the Libertarian primary, and 180 voters chose the Free Energy Party. A total of 279,797 people voted.
Hawaii also provided a non-partisan primary ballot, which exists so that voters can show support for an independent candidate. Two independent candidates received enough votes to appear on the ballot for Governor, and one independent candidate received enough votes to appear on the ballot for U.S. Senate. However, the only independent running for state legislature, Jonathan Abel, did not receive enough votes to qualify for November. He needed 24 votes but he only received 11. UPDATE: as Jim Riley correctly notes in his comment below, only one independent candidate will appear on the November ballot for Governor, because Hawaii election law does not permit more than one independent candidate to qualify for the November ballot, which seems to be a requirement of dubious constitutionality.