U.S. District Court Judge Says New York Need Not Hold Special U.S. House Election Until November 2, 2010

On June 4, U.S. District Court Judge David G. Larimer issued an opinion in Fox v Paterson, 10-cv-6240L. The case concerns whether New York must hold a special election to fill the vacant U.S. House seat, 29th district. The seat has been empty since March 2010.

The judge ruled that the U.S. Constitution gives Governors a great deal of latitude in when to call special U.S. House elections. Therefore, the Governor must arrange for a special election that will be no later than November 2, 2010. The Governor had already promised to do that, so the outcome is a victory for the state. The Governor had said it would cost too much to hold the special election any sooner, and that furthermore some of the counties in the 29th district are in the process of buying new vote-counting machines and that process can’t be finished any sooner than November 2.

It seems odd that neither the Governor, nor the court, decided to hold the special election on September 14, when the entire state is holding primary elections.

Brad Smith, Diligent Independent Candidate for U.S. House in North Carolina, Intervenes in Ballot Access Lawsuit on Side of Plaintiffs

Brad Smith of North Wilkesboro, North Carolina, has been diligently seeking to qualify as an independent candidate for the U.S. House since September 2009. He wants to be on the November 2010 ballot in the 5th district. The law requires him to submit 18,123 valid signatures by June 10. He has submitted 10,000 signatures so far, of which approximately 7,500 have been validated.

No one has ever qualified as an independent candidate for U.S. House in North Carolina in the entire history of government-printed ballots, which have existed in that state since 1901. On June 4, Smith filed to intervene in Greene v Bartlett, the lawsuit filed in U.S. District Court in 2008 to overturn the North Carolina ballot access law for independent candidates for U.S. House. The case is awaiting a decision.

Smith’s intervention will strengthen the lawsuit.

Los Angeles Times Finally Airs Argument Against Proposition 14

The Los Angeles Times has this op-ed, criticizing California’s Proposition 14, written by Mike Feinstein, Green Party leader and former Mayor of Santa Monica.

This is not in the print version of the Los Angeles Times, but is on the web. This is the first content in that newspaper that is critical of Proposition 14, since February 2009. Back in February 2009, virtually no one was aware of the measure. Meanwhile, virtually every news article in the Times has been heavily slanted in favor of Proposition 14; the newspaper has editorialized several times in favor of Proposition 14; and the newspaper has run op-eds in favor of Proposition 14.

More Minor Party-Sponsored Media Ads Against California’s Proposition 14

An earlier blog post provided a link to television ads by the Green Party, and also by the Peace & Freedom Party, against California’s Proposition 14. The national Libertarian Party web page has this link to enable anyone to hear the Libertarian Party’s radio ads against Proposition 14. The ads feature two voices, first an unidentified announcer, and then the voice of Wayne Allyn Root. The national Libertarian Party contributed $25,000 for these ads.

StopTopTwo has this link to television ads against Proposition 14, which were created by StopTopTwo. There is a 15-second ad and a 30-second ad. Most of the funding for producing and airing these ads is from Christina Tobin, head of Free and Equal. She contributed $20,000. Californians for Electoral Reform contributed $2,000.

Intra-Party Dispute in American Independent Party California Case has June 8 Hearing

A California Superior Court in Fairfield, Solano County, will hold a hearing on Tuesday morning on June 8, in King v Robinson, 033119. This is the lawsuit filed in March 2009 over the identity of the state officers of the American Independent Party. The activists in that party who support the national Constitution Party are seeking an injunction to prevent the other side from holding the party’s state convention until after the results of the June 8 primary are known.

California is one of the states in which primary elections help determine who a party’s officers are. In the code section covering the American Independent Party, the law says the party’s nominees for public office are automatically on the state central committee. Also, those nominees for public office may appoint other members to the State Central Committee. The AIP legal structure also provides for election of county central committees, but county central committee members are not automatically on the state central committee, as they are for California’s other ballot-qualified minor parties.