Tim Fasano, the Independent American Party candidate for U.S. Senate from Nevada, still has not filed any brief in the Nevada Supreme Court in his case to keep Scott Ashjian off the November 2010 ballot. Ashjian is the Tea Party candidate for U.S. Senate. Fasano had filed a lawsuit to keep Ashjian off the ballot in April, but that case lost in the lower state court. Fasano then appealed to the Nevada Supreme Court, but according to the Nevada Supreme Court Clerk, there is no brief from Fasano yet. It is not due until September, but if it isn’t filed until September, any possible reversal of the lower court would be too late to keep Ashjian off the ballot.
Faye Coffield, who recently lost her ballot case case in the 11th circuit, has decided to ask for U.S. Supreme Court review. The “question presented” (every cert petition begins with a single sentence, telling the Court the “question presented”) may be, “Does the U.S. Constitution protect the ability of minor party and independent candidates to run for the U.S. House of Representatives?”” Georgia has kept all minor party and independent candidates off the ballot for U.S. House, in regularly-scheduled elections, since 1964.
Georgia has less stringent procedures for special elections. In the context above, “regularly-scheduled” means an election held in the first week of November in even-numbered years.
Billy McKinney, Cynthia McKinney’s father, did appear on a Georgia ballot in 1982 for U.S. House of Representatives, but his election was not held on the normal federal election day, and he was not required to comply with the requirements that exist in regularly-scheduled elections.
The Coalition for Free & Open Elections (COFOE) has been helping pay the expenses of the Coffield case so far, and the appeal to the U.S. Supreme Court will probably cost $2,000. Donations to COFOE for this purpose are needed very badly. Checks can be made out to COFOE and sent to PO Box 470296, San Francisco Ca 94147. People who contribute at least $25 receive a free subscription to Ballot Access News for a year.
The only other states that have had a Democratic-Republican ballot monopoly in U.S. House elections for a period as long as Georgia have been Louisiana (1918-1970), Florida (1926-1972), and North Carolina (1902-1946). Except for Georgia, all states have had minor party or independent candidates, or both, on the ballot for U.S. House of Representatives this decade.
This story says that the Ohio petition to put former Congresssman Jim Traficant on the November ballot as an independent for U.S. House now is only short 31 signatures. Furthermore, Trumbull County’s Board of Elections is refusing to make a clear statement of how many signatures Traficant has in that county. The Secretary of State will now need to rule on the matter.
Carl Paladino, gubernatorial candidate of the Taxpayer Party of New York, filed 30,000 signatures on August 10, the first day on which petitions for the general election may be submitted. 15,000 are required. Paladino is permitted to supplement that filing in the following week, and he expects to do so. He is also running in the Republican gubernatorial primary in September.
The New York petition deadline is August 17. Paladino insists that he will also win the Republican primary. He has been ambivalent about whether he will withdraw as the Taxpayer Party candidate if he doesn’t get the Republican nomination.
James Island, South Carolina, held town elections on August 3. Bill Woolsey, a member of the Libertarian Party, won the non-partisan Mayoral election. He is an economics professor at the Citadel, and he had also been elected to the town council in 2002.
The election of Woolsey was a surprise. Five candidates were on the ballot. Woolsey polled 39.7%. The incumbent Mayor placed second with 19.9%. The Mayor had been so confident of being re-elected, she had not even bothered to attend a candidate’s debate, although all four of her opponents participated in that debate, and the debate drew a large audience. Thanks to Eugene Platt for this news.