Ninth Circuit Sets Hearing Date for Hawaii Ballot Access Case

The 9th circuit will hear Nader v Cronin on June 17, in Honolulu. This is the case that challenges the number of signatures needed for an independent presidential candidate in Hawaii. The basis for the lawsuit is that it is not even rational to require over 4,000 signatures for independent presidential candidates, when the state permits a fully-qualified party (with its own primary) to qualify with 663 signatures.

This is the only ballot access case from 2004 that is still unsettled, except for Nader’s lawsuit against the Democratic National Committee (pending in state court in Maine), and except for Nader’s ongoing litigation over the $81,000 he was charged in Pennsylvania in 2004.

It may seem that 4,000 signatures is a trivial burden, but that is not the case. Hawaii tends to be extremely severe when it checks petitions, and invalidates signatures if the signer shows neither the last four digits of a Social Security number, or the birthday. No independent presidential petition has succeeded in Hawaii since 1996.

Florida Democrat’s Petition in Lieu of Filing Fee Succeeds

U.S. House member Kendrick Meek recently submitted a petition to qualify for the Democratic Party primary ballot, instead of paying the filing fee. He is running for U.S. Senate. His petition has been verified. He needed 112,476 valid signatures and the counties have verified 115,557 valid signatures. See this story.

Excluding California, Meek’s petition is the first candidate petition in U.S. history to meet a requirement greater than 100,000 signatures.

Any registered voter was free to sign Meek’s petition in lieu of the fee. The fee would have been approximately $10,000, although chances are Meek spent more than that, getting the signatures.

Florida Democrat's Petition in Lieu of Filing Fee Succeeds

U.S. House member Kendrick Meek recently submitted a petition to qualify for the Democratic Party primary ballot, instead of paying the filing fee. He is running for U.S. Senate. His petition has been verified. He needed 112,476 valid signatures and the counties have verified 115,557 valid signatures. See this story.

Excluding California, Meek’s petition is the first candidate petition in U.S. history to meet a requirement greater than 100,000 signatures.

Any registered voter was free to sign Meek’s petition in lieu of the fee. The fee would have been approximately $10,000, although chances are Meek spent more than that, getting the signatures.

Brief Filed In First Circuit in Rhode Island Ballot Access Case

Hipolito Fontes filed this brief in the U.S. Court of Appeals, First Circuit, on April 14. The case, Fontes v City of Central Falls, concerns the constitutionality of a city ordinance that says voters may sign for only one candidate for any particular office. The U.S. District Court had invalidated the rule last year, and the city is appealing. The brief has 26 pages of text and has some good points about “ballot clutter”, the city’s excuse for its restriction. If Fontes had not won his case before the city’s election last year, the voters would have had only one candidate for Mayor on the ballot.

The First Circuit now has three constitutional ballot access cases pending. The First Circuit includes Maine, Massachusetts, New Hampshire, and Rhode Island. The other two pending cases are both about whether unqualified parties should be permitted to use a stand-in presidential candidate on petitions, and are from New Hampshire and Massachusetts.