Unit of Pennsylvania Republican Party Wins Lawsuit Against Dissident Member

On November 13, the U.S. Court of Appeals, 3rd circuit, ruled in favor of the Lancaster County, Pennsylvania Republican Party, and against a dissident member of the county party committee who had sued the party committee. The plaintiff, Millie Max, in a Republican primary in 2007, had campaigned door-to-door against Republicans who had been endorsed by the party committee, and in favor of other Republicans who did not have the party’s endorsement.

The chair of the party committee had asked Max if she knew who was doing such campaigning, and said he would trace the suspect’s identity by tracing the suspect’s license plate number. At that point Max “confessed” that she was the individual doing such door-to-door campaigning against the party’s endorsed candidates. The chair of the party committee then threatened to call a special meeting of the committee, at which he would denounce her and call on her to resign. However, the committee could not have forced her to resign, because she had been elected at a Republican primary to the party position for a fixed term.

The Court ruled that the party chair’s behavior is not state action, and quoted the U.S. Supreme Court decision New York State Board of Elections v Lopez Torres (2008), which said, “A political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” Here is the recent Pennsylvania decision.

Prestigious Law Blog Has Commentary on Whether Names and Addresses of Petition Signers Should be Public

Findlaw.com has this neutral column, weighing the arguments on both sides on the issue of whether the names and addresses of people who sign petitions should be public information. The commentary is by Michael Dorf. See it here. The state of Washington’s brief, arguing in favor of making the information public, is due in the U.S. Supreme Court on December 7. The case is Doe v Reed, 09-559. The U.S. Supreme Court will probably decide whether to hear the case in early January 2010. Thanks to Rick Hasen’s ElectionLawBlog for the link.

Washington Post Feature Story on How to Build a County Unit of a Political Party

The November 15 Washington Post has this interesting, lengthy article on how one dedicated activist built up the county unit of one political party in St. Joseph County, Indiana. The article happens to be about the Republican Party, but it applies equally to all political parties, large and small. Thanks to Henry Hirose for the link.

America Votes 28 Is Now In Print

Ever since 1956, the election returns book series called America Votes has been published after each presidential election and each midterm election. Congressional Quarterly, the publisher, has just released America Votes 28, which covers all federal elections, plus gubernatorial elections, occurring in 2008 and 2007. This volume has 532 pages. For the first time, this volume has a summary table of the leading minor party and independent presidential candidates that not only shows the vote for each in each state, but the percentage in each state.

Thus it is easy to see at a glance that in the 2008 presidential election, Ralph Nader’s highest percentage was in Maine; Bob Barr’s highest was Indiana; Chuck Baldwin’s was Utah; and Cynthia McKinney’s was Louisiana.

There are three authoritative publications that include election returns from each state, not only for President, but for Congress. After each election, there is a volume from the Federal Election Commission called Federal Elections (Year); there is a book from the Clerk of the U.S. House of Representatives called Statistics of the Presidential and Congressional Election of (Date); and America Votes. But of these, only America Votes has the presidential vote from each county. America Votes also has all the gubernatorial and U.S. Senate elections by county as well. The author of America Votes 28 is Rhodes Cook.

Hearing in Maryland Case on Whether Signatures on Petitions Must be an Exact Match

On November 13, a lower state court in Howard County, Maryland, heard oral arguments in Norman v Howard County, 13C-09-76855. Here is a newspaper story about that hearing. The issue is whether petition signatures must match exactly the name of the voter in voter registration records. The judge said it might take a while for him to issue an opinion, which implies that he takes it very seriously and that the outcome isn’t easy to predict. Last year the highest state court in Maryland had seemed to rule that signatures are invalid unless they match the record exactly, as to middle initials, middle names, and abbreviations.