Ohio Court Hearing on Constitutionality of Age Limit to Run for City Office

On September 29, a U.S. District Court in Akron, Ohio, heard oral arguments in McClafferty v Portage County Board of Elections. This is the case over the constitutionality of a city ordinance that says elected city office-holders must be at least 23 years of age. Here is a description of the hearing. There is no decision yet, but one is expected very soon, as the city holds its election in November 2009. Thanks to Carter Momberger for the link.

Congressional Bills on Puerto Rico, and Public Funding, Gain Co-Sponsors

In the last nine days, bills in the U.S. House of Representatives to provide for public funding of congressional candidates, and to provide for a plebescite on the political future of Puerto Rico, have continued gaining co-sponsors. HB 2499, the Puerto Rico bill, now has 170 co-sponsors, five more than it had on September 20. HR 1826, public funding, now has 90 co-sponsors, four more than it had back on September 20.

South Carolina Green Party Files Strong Brief in 4th Circuit

On September 28, the South Carolina Green Party filed this brief in the U.S. Court of Appeals, 4th circuit. The case is South Carolina Green Party v South Carolina State Election Commission, 09-1915. The state’s brief is due on October 30.

The issue is whether a state can provide that if a candidate seeks the nomination of two parties, wins the first nomination, but then loses the fight for the second party’s nomination, whether the state can then nullify the first party’s nomination and leave it without any nominee for that particular office. This issue has not come up before in any other state. Most states don’t permit fusion. And among the states that do permit it, none of the other fusion states have ever had a law like the South Carolina law at issue.