Kathleen Curry, Independent Colorado Legislator, Will Appeal Ballot Access Case

Kathleen Curry, Colorado’s only independent state legislator, who is being blocked from the November ballot, expects to appeal the adverse decision in Riddle v Daley.  Curry petitioned for a place on this year’s ballot as an independent, but even though the petition has enough valid signatures, she is barred from the ballot because she didn’t leave the Democratic Party until December 2009.

The law that bars her has already been relaxed by this year’s session of the legislature, but the new, more relaxed law doesn’t take effect until 2011.

Wendell Fant Won’t Run as Independent for U.S. House in North Carolina

On June 25, Wendell Fant, the first person in the history of North Carolina government-printed ballots to qualify as an independent candidate for U.S. House, said he will not run.  Therefore, he won’t be on the ballot.  The work and expense of collecting his signatures was borne by the Service Employees International Union (SEIU).  See this story.  Thanks to Jordan Greene for the link.

UPDATE:  ironically, a Public Policy poll released June 15 showed that Fant’s presence on the November ballot helps the Democratic nominee.

Georgia Court Hearing Set in Mary Norwood Petition Case

On Wednesday, June 30, a Georgia Superior Court in Atlanta will hear Norwood v Fulton County Board of Registration and Elections, the case over whether to invalidate 9,000 signatures collected by independent candidate Mary Norwood.  She is running for President of the Fulton County Commission, a partisan post.  She needs approximately 22,000 valid signatures by July 13.

The petition form is provided by election officials.  It asks not only for the name and address of each signer, but for the county.  Norwood had asked permission, and received it, to make her own petition blanks with “Fulton” pre-printed in the county column.  She had found that, otherwise, some signers put “Yes” in the county column, and others put ditto marks.

Seventh Circuit Rejects Votes Cast for Ineligible Candidate

On June 23, the 7th circuit rejected a claim by some Chicago voters that their votes should have been counted in the February 2007 election for Alderman.  They voted for Ambrosio Medrano, who was on the ballot for this non-partisan office.  However, the State Supreme Court had ruled four days before the election that Medrano was not eligible because he was an ex-felon, and Illinois election law does not permit ex-felons to hold elective municipal office.

Because it was too late to remove Medrano’s name from the ballot, election officials posted signs saying votes for Medrano would not be counted.  Actually, though, his votes were counted.  He received 178 votes.  A month after the election, the voter-plaintiffs filed a lawsuit in federal court.  It isn’t clear what relief they were seeking, except apparently to have the 178 votes recorded in the official election returns.  The 7th circuit decision is only six pages and does not discuss whether the U.S. Constitution has any bearing on the issue.  It essentially says the State Courts had already ruled.  It implies, but does not say, that voters have no right to vote for a candidate who is not eligible to hold the office.  The case is Parra v Neal, 09-1404.  The oral argument had been over one year ago, on June 5, 2009.