Taxpayer Party Files 30,000 Signatures in New York

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.

Libertarian Elected Mayor of James Island, South Carolina

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.

West Virginia Constitution is Unclear on Special Gubernatorial Election in 2011

Most observers predict that West Virginia Governor Joe Manchin will be elected to the U.S. Senate on November 2, 2010.  West Virginia elects its Governors in presidential election years, so assuming Manchin is elected to the Senate, he will then resign from being Governor halfway through his gubernatorial term.

This article explains why no one seems to know if West Virginia will then hold a special election for Governor.  The problem is the West Virginia Constitution, which is laughably unclear about that.

All Statewide Minor Party Petitions in Pennsylvania Challenged

An earlier blog post today said that a challenge had been filed to the statewide petition of the Pennsylvania Green Party.  Since then, the Libertarian and Tea Party statewide petitions have also been challenged.  See this story.

Tolerance for minor party and independent candidate election activity in Pennsylvania has drastically declined during the last 70 years.  After 1938, and until 2004, no minor party or independent candidate statewide petition was ever challenged in Pennsylvania.  But starting in 2004, such challenges have been filed every even-numbered election year in that state.  A challenge to Libertarian Party presidential nominee Bob Barr was defeated in 2008, but challenges succeeded against Ralph Nader in 2004, and the Green Party statewide slate in 2006.

D.C. Circuit Invalidates Regulations Requiring Advance Permit for All First Amendment Activity in National Parks

On August 6, the U.S. Court of Appeals, D.C. Circuit, invalidated National Park Service regulations that require a permit before any leaflets may be distributed within any part of a national park, or before any assembly or meeting may be held anywhere within a national park.  The United States has 391 national parks.  Some are urban but most are not.  The Court left plenty of room for the government to draft new regulations that are more subtle.

The Court was most concerned about small groups, or individuals, who may want to engage in First Amendment activity in parks and not be forced to apply for a permit and wait for perhaps 10 days for the permit to be issued.  The decision does not mention petitioning but the decision’s principles obviously relate to petitioning.  Here is the 29-page decision, Boardley v U.S. Department of the Interior.  It is written by Janice Rogers Brown, a Bush, Jr. appointee, and co-signed by David Sentelle, a Reagan appointee, and Brett Kavanaugh, another Bush, Jr. appointee.  Thanks to Eric Brown’s Political Activity Law blog for the link.