Ohio Supreme Court Puts Constitution Party Candidate on Primary Ballot, Sets Valuable Precedent

On March 31, the Ohio Supreme Court ruled 6-1 that Robert Owens should be on the Constitution Party’s primary ballot for Attorney General. Owens needed 500 valid signatures. The various counties checked his petitions and sent the results into the Secretary of State, who tallied the results and said he only had 481 valid signatures. Here is the 15-page decision, State ex rel Owens v Brunner, 2010-1374.

The Court found that Franklin County (which contains Columbus) did not follow the Secretary of State’s instructions, and improperly invalidated far too many of Owens’ signatures. Ohio petitions forms, unfortunately, do not include a space for the signer to print his or her name. Many people have illegible cursive signatures. To remedy this, Ohio petition forms ask signers to print their address. Elections officials are supposed to use the address to identify signers whose cursive signatures can’t be read. But Franklin County did not do that.

Ohio elections officials, for at least 20 years, have done a poor job of checking signatures on petitions. Typically, petitions in Ohio need twice as many signatures as the legal requirement, to be declared valid. This decision is of great importance, far beyond just the specific outcome that Robert Owens will now be on the Constitution Party’s primary ballot. The vote was 6-1. The dissenter said that because absentee voting has already started, on ballots that omit Owens, therefore the decision is a mistake. But both the majority and the dissenter agreed that the Ohio legislature should provide for an earlier petition deadline, to give election officials more time to do a good job of checking petitions. Thanks to Robert Owens for this news.

Missouri Primary Ballots in One U.S. House Race Will Include Two Republicans, Two Libertarians, and No Others

Filing has now closed for Missouri primaries, which are held on August 3 this year. In the U.S. House race, 9th district, two Republicans filed, and two Libertarians, but no Democrats and no one from the Constitution Party. See this story.

To see the complete candidate list, see the Missouri Secretary of State’s web page here. There are two statewide races in Missouri this year. The two qualified minor parties, Libertarian and Constitution, will each have a U.S. Senate nominee. In the other statewide race, for Auditor, there will be a Libertarian, but no one from the Constitution Party. The Libertarian Party must poll 2% in one of the two statewide races or it will lose its qualified status. The Constitution Party need not worry about polling 2% for a statewide race in 2010, because it polled 2% for one of the statewide races in 2008, and in Missouri, when a party passes the vote test, it remains on for the next two elections.

The Green Party, which is not ballot-qualified, is petitioning for party status this year. That petition needs 10,000 signatures and is due in late July. If the petition drive succeeds, the Green Party will be able to nominate by convention for any partisan race. In Missouri, the name of the Green Party is “Progressive Party.”

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.