Hawaii Elections Chief Will Ask for Waiver of New Law Requiring Foreign Absentee Ballots to be Mailed Early

According to this news story, Hawaii’s Elections Chief plans to ask the federal government for a waiver (for 2010 only) of the new federal law that requires states to mail foreign absentee ballots at least 45 days before an election. Hawaii has the latest Congressional primary in the nation, and it is obvious that Hawaii can’t mail out its foreign absentee ballots in 2010 at least 45 days before the general election, unless it moves that primary to an earlier date.

Hawaii requires new political parties to submit their petitions at least 5 months before the primary, so an earlier primary in Hawaii will automatically mean an earlier deadline for parties to qualify themselves. However, a good case can be made that Hawaii has no strong interest in requiring such petitions so far in advance of the primary. Hawaii is one of the states that requires newly-qualifying parties to nominate by primary. The state is free to let newly-qualifying parties nominate by convention, as most states do. Alternatively, even if Hawaii wants to continue requiring newly-qualifying parties to nominate by primary, it really isn’t necessary to put the petition deadline five months before that primary. No other state except California requires so much lead time.

Bill Scheurer, Green Party Candidate for Congress in Illinois, Faces Petition Challenge

The Illinois 8th U.S. House district is one of the more closely balanced congressional districts in the nation. In 2004 it switched from the Republicans to the Democrats, when Melissa Bean defeated long-time incumbent Philip Crane. Bean has been re-elected ever since. In 2006, Bill Scheurer formed the Moderate Party and eventually qualified as that party’s candidate for the 8th district after a long legal struggle. See this account from 2006, in which he sued the Democratic Party after the evidence showed that Democrats had tricked him into hiring a paid petitioning company that was secretly planning to sabotage his petition campaign.

For 2010, Scheurer has been planning to run again as a Green Party nominee. However, a challenge has now been filed against his petition to obtain a place on the Green Party primary ballot. Green Party activists support his candidacy, and he is the only Green attempting to run in that district. See this story.

Josh Goodman Updates Larry Sabato on Advantage of Being Listed First on a Ballot

The November 9 edition of Ballot Box has this interesting analysis of the Virginia elections of 2009 and 2005 and how the eventual outcome depended partly on a random drawing. The random drawing is held in Virginia to determine which political parties are listed first on general election ballots. The November 9 article is by Josh Goodman. The November 9 essay depends on an earlier analysis by political scientist Larry Sabato, written on August 13, 2009. A link to the earlier Sabato article is within the Goodman piece. Thanks to Peter Gemma for the link.

Arizona Administrative Law Judge Says Legislator Should be Ousted for Breaking Campaign Finance Laws

Arizona’s public funding law for candidates for state office provides that a candidate who accepts public funding, and then breaks the law on a matter involving campaign spending, risks being ousted from public office. On November 9, an Administrative Law Judge upheld the recommendation of the commission that runs the public funding law, and ruled that State Representative Doug Quelland should lose his seat in the legislature. See this story.

The legislator, Doug Quelland, had taken public funding in 2008, but then appears to have spent additional private campaign funds on his campaign secretly. His attorney says Quelland will now file a lawsuit to retain his seat. Assuming Quelland is eventually ousted, he will be the second state legislator in Arizona to have been ousted.

Oral Argument Set in Reform Party Battle over National Party Officers

A U.S. District Court in Long Island, New York, will hear oral arguments in MacKay v Crews, 2:09-cv-02218, on December 4, 2009, Friday, at 11 a.m. The Judge is Joseph F. Bianco, and the courthouse is in Central Islip, New York. This case had originally been filed in state court in New York, but was transferred to federal court earlier this year.

The case originated after a state court in Texas had taken jurisdiction of the national Reform Party’s matters and called a special national convention to settle who the proper officers were. That convention was supervised by a court-appointed special master. It resulted in the election of David Collison as the new national chair. Afterwards, people in the Reform Party who were dissatisfied with that filed a new lawsuit in New York state. The first-named Defendant in the New York case is Kay Crews, who is not a member of the Reform Party but who had been appointed by the Texas court to oversee the national convention.