U.S. Supreme Court Puts Petitioning at Polls Case on April 16 Conference

The U.S. Supreme Court has put Citizens for Police Accountability v Browning, 09-861, on its April 16, 2010 conference. The decision on whether the court will hear the case will not be released until April 19 at the earliest. Sometimes the court mulls over whether to take a case, and then postpones making a quick decision and sets it for another conference.

This is the case from Florida, over whether it is constitutional for a state to let exit pollsters stand within 25 feet of a polling place location, but which won’t let petitioners stand within 100 feet. Both groups only wish to speak to voters on their way out of the polling place.

Republican Congressional Candidate Gets on New Mexico Primary Ballot Despite Republican Party Hostility

Adam Kokesh has qualified for the New Mexico Republican primary ballot for the U.S. House race, district 3. He did so by collecting a number of additional signatures equal to 2% of the number of votes cast in the 2008 Republican primary for Governor in that district. He had already collected the same number of signatures before the preprimary convention.

If he had been recognized as having received 20% support at the party’s preprimary convention, he would not have needed that second batch of signatures. He got slightly more than 19.5% of the vote at that convention. New Mexico election code section 1-1-20, titled “Major Fractions” says, “In any place in the Election Code requiring counting or computation of numbers, any fraction or decimal greater than one-half of a whole number shall be counted as a whole number.” The Democratic Party of New Mexico this year interpreted that to mean that a candidate at the Democratic convention who got 19.69% of the delegate vote should be deemed to have received 20%, but the Republican Party does not follow the “Major Fractions” law.

New Anti-Immigration Political Party

Late last year, William D. Johnson and others announced the formation of a new political party, called the American Third Position. It has filed for status as a political body in California, but otherwise does not seem to have carried out any ballot access work.

The party’s web page is here. The program says, “We will stop all immigration into America, except in special cases.” The party’s logo includes the figure of Charles Lindbergh.

Federal Court Asked to Stop Special Election for Columbia, South Carolina City Council

Columbia, South Carolina is holding its regular election for city officers on April 6. One city council district, district 2, was not scheduled to have an election this year. However, the incumbent resigned abruptly on March 9. The city then set a special election for that district for April 6, giving candidates only 4 days to file.

On March 29, a federal lawsuit was filed to stop the special election. See this story. Plaintiffs charge that the election cannot be fair because potential candidates had such a narrow window in which to file. However, the basis for the federal lawsuit is that the city has changed its procedures for this special election and did not pre-clear those changes with the U.S. Justice Department. Absentee voting had already started for the regularly city election, and voters who already voted, who live in District 2, were given ballots that didn’t even include the special election.

Recent Challenge to a Pennsylvania Primary Petition May Have Used State Government Resources

In Pennsylvania, candidates seeking a place on a partisan primary ballot must submit petitions. The Pennsylvania primary this year is May 18. In Pennsylvania, elections officials assume that all petitions that contain, on their face, at least many signatures as are legally required, are valid.

However, any private individual who is a member of the same party may challenge any candidate’s primary ballot petition. The Democratic Party petition for one candidate for State Representative, 175th district, has been challenged. The challenged candidate is Daryl LaFountain. LaFountain has just learned that the challenge to his petition was submitted by fax, and that the fax machine used is the state government-owned fax machine in the district office of the incumbent. The incumbent, Representative Michael O’Brien, is running for re-election. On March 29, LaFountain’s attorney filed a motion with the court that is hearing the challenge to LaFountain’s petition. The motion asks that the challenge be dismissed because the objector is using state government resources for the challenge. It will be interesting to see what happens next. The formal name of the challenge in court is: In re The Nomination Petitions and Papers of Daryl La Fountain, 235 MD 2010.