South Carolina Green Party Oral Argument Set in 4th Circuit

The Fourth Circuit will hear oral arguments in South Carolina Green Party v South Carolina Election Commission on May 11, at 8:45 a.m. This is the case over whether, when a candidate is nominated at the convention of a ballot-qualified minor party, and then that same candidate also enters a major party primary for the same office, should the first nomination be voided if the candidate fails to obtain the second nomination.

Lawsuits brought by minor parties are pending in U.S. Courts of Appeals, against various election laws of Connecticut, Georgia, Hawaii, Massachusetts, Montana, New Hampshire, Pennsylvania, and South Carolina.

Lawsuits brought by minor parties or independent candidates are pending in U.S. District Courts in Arizona, Arkansas, Colorado, District of Columbia, Idaho, Nebraska, New Mexico, North Carolina, Pennsylvania, Tennessee, and Washington.

Fifth Circuit Won’t Rehear Libertarian Ballot Access Case from Louisiana

On March 15, the 5th circuit refused to rehear Libertarian Party v Dardenne, 09-30307. Earlier the 5th circuit had ruled that the dispute is moot. Oddly, though, another panel of the 5th circuit had ruled a few weeks earlier that a similar lawsuit from Mississippi is not moot. The Mississippi case involved Brian Moore’s being kept off the ballot because of late paperwork. The Louisiana case involves Bob Barr, Brian Moore, and Ted Weill (Reform Party 2008 presidential candidate) being kept off the ballot because of late paperwork.

The 5th circuit did not explain why it won’t rehear the case. The Libertarian Party will probably ask the U.S. Supreme Court to hear the case.

Fifth Circuit Won't Rehear Libertarian Ballot Access Case from Louisiana

On March 15, the 5th circuit refused to rehear Libertarian Party v Dardenne, 09-30307. Earlier the 5th circuit had ruled that the dispute is moot. Oddly, though, another panel of the 5th circuit had ruled a few weeks earlier that a similar lawsuit from Mississippi is not moot. The Mississippi case involved Brian Moore’s being kept off the ballot because of late paperwork. The Louisiana case involves Bob Barr, Brian Moore, and Ted Weill (Reform Party 2008 presidential candidate) being kept off the ballot because of late paperwork.

The 5th circuit did not explain why it won’t rehear the case. The Libertarian Party will probably ask the U.S. Supreme Court to hear the case.

Filing Closes for Montana Primary

Montana has four ballot-qualified parties: Constitution, Democratic, Libertarian, and Republican. All four nominate by primary. Filing for the June 2010 primaries closed on March 15.

The Libertarian Party has a candidate for the only statewide office on the ballot, U.S. House. The Libertarians also have one candidate for State Senate, five for State House, and one for Sheriff.

The Constitution Party has six candidates for the State House, but none for the only statewide office (U.S. House), and none for State Senate. Because the party is not running for a statewide office, it will lose its spot on the ballot after November 2010. When a party meets the vote test it remains on for the next two elections. It met the vote test in 2006, which kept on for 2008 and 2010, but it did not meet the test in 2008. However, the party has successfully completed the party petition four times before, so presumably it can do so again in 2011.

Montana requires independent candidates (for office other than President) to submit petitions in March. Out of the 125 state legislative races, only three independents filed. Two chose the label “independent” and one, Cheryl Wolfe, chose “Green.”

California Primary Ballot Pamphlet Printing Delayed While Disputes over Wording Continue

On March 16, the California State Court of Appeals, 3rd district, issued an order that the California ballot pamphlet printing process be delayed unto further notice. Without the order, the pamphlets would be being printed now. The order was because of the ongoing disputes about wording of some of the statewide ballot measures.