Pennsylvania Democratic Party in Default in Carl Romanelli’s Federal Lawsuit

Posted on by September 23, 2010
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Carl Romanelli, the Pennsylvania Green Party candidate for U.S. Senate in 2006, has been under court order to pay his Democratic Party challengers approximately $80,000 in court costs, for almost four years now.  This is because Romanelli’s petition was found not to have enough valid signatures, and Pennsylvania procedure says when a petition is found to lack enough valid signatures, the candidate must pay court costs.  However, the 2006 Democratic Party challengers used state resources and state employees (on government time) to challenge the 2006 petition, something that was not known until 2007.

On July 14, 2010, Romanelli had filed a federal lawsuit in Harrisburg, against the Pennsylvania Democratic Party and some of the people who challenged his petition.  The defendant Pennsylvania Democratic Party did not answer the complaint, and the legal deadline for the party’s answer has now passed.  On September 22, Romanelli asked for a default judgment against the party.  The case is Romanelli v DeWeese, 3:10-cv-1434, middle district.  UPDATE:  on September 23, the Clerk of the U.S. District Court formally declared the Democratic Party to be in default.

Vermont Independent Candidate Asks for Expedited Hearing in Lawsuit Against June Petition Deadline

Posted on by September 22, 2010
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On September 22, Jerry Trudell, an independent candidate for U.S. House in Vermont, asked a state Superior Court to expedite his lawsuit, challenging the constitutionality of Vermont’s June 24 deadline for his petition.  The Vermont legislature this year moved the deadline from early September to mid-June.  Vermont holds its primary in August.  Trudell tried to file his petition a few days before the primary, but the Secretary of State refused to accept it.  His lawsuit had been filed on August 24.

It is possible a hearing will be held on September 24.  If Trudell wins, there will be five candidates on the Vermont ballot for U.S. House.  The others will be the nominees of the Democratic, Republican, and Socialist Parties, and one other independent, Gus Jaccaci.  Here is Trudell’s brief.

New York Republican Party Wants to Remove Own Congressional Nominee Because of His Social Views

Posted on by September 22, 2010
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According to this story, the New York Republican Party will go to court to remove Jim Russell from the November 2, 2010 ballot.  He won the Republican Party primary for U.S. House, 18th district, by default.  No one else qualified to run for the Republican nomination for that seat.  The Republican Party is opposed to Russell because he seems to have publicly advocated that people only marry members of their same ethnic group.  Thanks to Eric Garris for the link.

In 2008, Russell was the Republican nominee for the same seat.  He was the Conservative Party nominee for the same seat as well.

U.S. District Court Judge Won’t Enjoin Colorado Discriminatory Campaign Contribution Limits

Posted on by September 22, 2010
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Colorado law says individuals may donate $400 to candidates for the legislature who are members of parties that nominate by primary.  But individuals may only give $200 to legislative candidates who do not participate in a primary.  On September 16, a U.S. District Court Judge refused to enjoin the $200 limit, in a lawsuit filed by independent state legislator Kathleen Curry.  She is running for re-election and her campaign would be aided if individuals could contribute $400 to her instead of just $200.  The case is Riddle v Ritter, 10-cv-1857.

The judge ruled from the bench, and his opinion is not in writing yet.  He is likely to ask the state courts to construe Colorado law, to clarify whether someone may give $400 to a Republican or a Democratic candidate even after the primary is over.  If the answer is “Yes”, chances are the law would then be unconstitutional.  Ironically, even though Curry didn’t get injunctive relief, she has received more campaign contributions than either her Republican or her Democratic opponent, so far.  Curry is a write-in candidate for re-election.  She was not permitted to be on the ballot because she changed her registration from “Democratic” to “independent” in December 2009.

Florida Court Refuses to Terminate Lawsuit That Seeks to Disqualify Republican Party Primary Winner

Posted on by September 22, 2010
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According to this story, the lawsuit filed by one Republican candidate for State Senate in Florida, seeking to reverse the primary results, can continue.  The candidate who had won the primary had tried to persuade the court that the case cannot possibly succeed.  The candidate who lost the primary alleges that the candidate who won the primary violated campaign finance laws.

Florida is not the only state in which lawsuits are still pending, to determine which candidates will and won’t appear on November 2, 2010 ballots.  Other such states are Illinois, Maine, Nevada, New York, Pennsylvania, Vermont, and Virginia.  Also the West Virginia ballot format is still being litigated.