On May 12, the Orange County (California) Register published this story about a lawsuit over whether one of the candidates for Secretary of State should be on the ballot. The lawsuit, filed by Pamela Barnett, a California voter, says that one of the Republicans running for Secretary of State should not have been put on the June primary ballot. Damon Dunn registered as a Democrat in the 1990’s in Florida, but he never voted there, and he was eventually classed as an inactive voter.

Dunn later moved to California and registered as a Republican. However, his California registration was less than one year before the filing deadline. California law says a voter only needs to have been registered in the party in which he or she is running for three months. But California law also says that regardless of the 3-month rule, a candidate can’t be on a partisan primary ballot if the candidate had been a registered member of another party during the year before filing. Also the California registration form asks, “If you were registered to vote before, answer these questions” and asks where the voter was registered previously. Dunn’s California registration form did not complete this portion of the form. Finally, the card says, above the signature block, “I declare that the information on this form is true and correct.”

The obvious rebuttal to the lawsuit is that it was filed far too late. Absentee voting started in California on May 10, and foreign absentee ballots were sent out in April. Thanks to Bill Van Allen for the link.

On May 12, a U.S. District Court Judge ordered Monterey County, California, to stop preparations for a special election to fill the vacant State Senate seat in the 15th district. See this story. The lawsuit had been filed under the Voting Rights Act. Monterey County is under section 5 of the Act. On May 20 a 3-judge court will hear the case, which alleges that the date set for the special election, June 22 (only two weeks after California’s primary) is a “change” that should have been cleared with the Justice Department. All such cases require 3 judges. The case is Buell v Monterey County, 10-cv-01952. One of the changes the county made (according to the complaint) is that it plans fewer polling stations in the special election than ordinarily. The complaint says the county should have received permission from the Justice Department before reducing the number of polling places.

On May 11, Georgia held two special elections for State Senate. Libertarians ran in both races. Although Libertarians aren’t on the ballot for district office, in special elections, Georgia does not require anyone to submit a petition; candidates just pay a filing fee. Parties do not have nominees, but party labels are on the ballot.

In the 42nd district, four candidates ran: Democrat Jason Carter 65.6%; Democrat Tom Stubbs 23.0%; Libertarian David Montana 7.5%; independent Steve Patrick 3.9%. When this district last voted, in November 2008, the results had been: Democratic 80.9%; Republican 19.1%.

In the 49th district, three candidates ran: Republican Butch Miller 77.6%; Republican Jimmy Norman 14.3%; Libertarian Brandon Givens 8.1%. When this district had last voted, in November 2008, only one Republican had appeared on the ballot.