Mississippi Democrats Try and Fail to Remove Candidate from Primary Ballot

On April 17, U.S. District Court Judge W. Allen Pepper, of the Northern District of Mississippi, denied a request by the Democratic Party that James Lowe be kept off the Democratic Party primary ballot as a candidate for Mayor of Leland. The primary is set for May 5. The party argued that Lowe should be kept off the Democratic primary ballot because he has recently been a member of the Republican Municipal Executive Committee. However, Judge Pepper said that there is no legal basis for the party’s request, neither in state law, nor in Democratic Party bylaws. The party did hastily pass a Bylaw barring candidates from its primary who have recently served on the committee of a different party, but the rule was passed after the candidate filed. Lowe v Democratic Municipal Executive Committee of the City of Leland, Mississippi, 4:09-cv-35. Thanks to Rick Hasen for this news.

Pennsylvania Supreme Court Agrees to Hear Nader Re-Appeal on 2004 Fees

On April 16, the Pennsylvania Supreme Court noted probable jurisdiction in Ralph Nader’s new appeal of the fees that were assessed against him in 2004. The Pennsylvania Supreme Court had taken a similar action last month in the Green Party’s 2006 case, which was very similar.

Although most readers of this blog are probably already familiar with the issue, to restate it: Pennsylvania is the only state that has ever had a policy of charging petitioning candidates for the administrative costs of removing them from the ballot. Even Pennsylvania had never done such a thing, until 2004, when it was invented to be used against Nader.

Washington State Legislature Passes National Popular Vote Bill

On April 15, the Washington State House passed SB 5599, the National Popular Vote Plan bill. The bill had passed the Senate in March. It now goes to the Governor, who is likely to sign it. If she does, Washington will be the fifth state to have enacted the pact, which does not go into effect until states containing a majority of electoral votes have passed it.

Juneau State Senate Vacancy Remains Unfilled as Legislature and Governor Squabble Over Procedure for Filling Vacancies

Juneau, Alaska has been unrepresented in the Alaska State Senate for the last month. The original Senator, Kim Elton (a Democrat), had resigned to accept an appointment in the Obama administration. Alaska Governor Sarah Palin believes she is entitled to choose any Democrat for the vacant seat, unless the full legislature vetoes her choice. But Democratic Senators believe that the Governor may only appoint a Democrat suggested by Senate Democrats. Two gubernatorial appointees, Tim Grussendorf and more recently Joe Nelson, have failed to be seated. The Alaska legislature adjourns in little more than a week.

Non-Partisan Group Estimates Number of Electoral Votes in Each State in 2012

After the 2010 census has been held, the number of seats held by each state in the U.S. House of Representatives will change. The National Conference of State Legislatures recently estimated what the 2010 reapportionment will mean for each state.

Eight states are expected to lose one seat each, in the U.S. House and in the Electoral College. They are Iowa, Louisiana, Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania.

States that will gain will be Texas (3 seats), and one each for Arizona, Florida, Georgia, Nevada and Utah.

If the bill now pending in Congress to expand the House from 435 seats to 437 seats is signed into law, then one more state would gain a seat, and the District of Columbia would get its first voting seat.