Connecticut Green, Libertarian Parties File Supplemental Brief in Public Funding Case

The recent 9th circuit decision in McComish v Bennett upheld an Arizona public funding law. That law provides for extra public funding for candidates who have a well-funded opponent who is using only privately-raised money.

Meanwhile, everyone is waiting for the U.S. Court of Appeals, 2nd circuit, to decide Green Party of Connecticut v Garfield, the case over Connecticut’s discriminatory public funding law. State officials submitted a supplemental brief to the 2nd circuit, arguing that the 9th circuit opinion, if followed in the 2nd circuit, means that the law should be upheld. The Green Party submitted this 3-page response. The Libertarian Party is a co-plaintiff in the Connecticut case.

Ohio Moves Independent Presidential Petition Deadline Two Weeks Earlier

Ever since 1983, the Ohio petition deadline for independent presidential candidates has been 75 days before the general election. However, Ohio has just changed that deadline to 90 days before the general election. The change effectively moves the deadline from late August to early August. The change was made in Substitute HB 48, which was signed into law on April 2, 2010. Thanks to Kevin Knedler for this news.

Ohio permits stand-ins on independent presidential petitions. If a minor party that is not ballot-qualified in Ohio is using the independent presidential petition procedure, and it hasn’t chosen its presidential nominee by the time it begins circulating the independent presidential petition, it is free to use a stand-in presidential candidate, who then withdraws when the petition is submitted. The substitution committee can then tell the Secretary of State the name of the actual presidential candidate. The bill was motivated by the new federal legislation that requires states to mail their overseas absentee ballots no later than 45 days before any election.

California Progress Report Covers California Proposition 14

California Progress Report has this commentary about Proposition 14, the top-two ballot measure on the June 8, 2010 California ballot. The commentary, by Calitics editor Brian Leubitz, also appears in Calitics, and itself links to Enik Rising, a blog by political scientist Seth Masket. Masket is the author of “No Middle Ground”, a 2009 book about polarization in the California legislature. Disclosure: these blogs refer back to the May 10 KQED debate between Lieutenant Governor Abel Maldonado and Richard Winger, and contain a link to that debate.

Ohio Signs Consent Decree, Agreeing that Ban on Out-of-State Circulators for Initiatives is Unconstitutional

On May 13, the lawsuit Friedlander v Brunner, 2:10cv-378, was settled out of court. The lawsuit had been filed April 27, 2010, to challenge an Ohio ban on out-of-state circulators for initiative and referendum petitions, and also to challenge a requirement that the circulator’s permanent address be entered on each petition sheet. The case had been filed in U.S. District Court in Cincinnati.

The state agreed that the two laws are unconstitutional, and promised not to enforce them. The case had been filed by an official of the Humane Society, and also by Citizens in Charge.

Post Office Sidewalk Petitioning Case is Now Ten Years Old

On June 1, 2000, the Initiative and Referendum Institute filed a lawsuit in U.S. District Court in Washington, D.C., seeking to invalidate a new postal regulation barring petitioning on post office-owned sidewalks. That case is now only 5 days away from being ten years old, and we are still waiting for a decision in the U.S. District Court.

On August 31, 2000, the U.S. District Court ruled that the matter could not be settled without a trial. That trial was held, and on December 31, 2003, the judge upheld the regulation. Plaintiffs appealed. On August 9, 2005, the U.S. Court of Appeals partially reversed the District Court. The U.S. Court of Appeals ruled that post office sidewalks that are parallel to streets must be available for petitioning. The U.S. Court of Appeals sent the case back to the U.S. District Court for a decision about post office interior sidewalks. That is still undecided. Plaintiffs are making every reasonable and tactful approach to persuade the judge that he should issue an opinion.