Illinois Legislature Will Attempt to Override Veto of HB 723

On October 5, the Illinois legislature set a date for a vote on overriding Governor Pat Quinn’s veto of HB 723. That vote will come on October 14. HB 723 is the bill that requires candidates nominated by meetings of qualified parties to submit petitions, in order to be on the November ballot. In the past, qualified parties in Illinois have always been permitted to nominate candidates by party meeting, after the primary, if that party had not nominated anyone in its own primary for that particular office. HB 723 retains that procedure, but says the nominee needs a petition.

Alabama Ballot Access Plaintiff Files Brief in 11th Circuit

On October 2, Andy Shugart filed this brief in the 11th circuit. The lawsuit, Shugart v Chapman, 09-14250, challenges Alabama law that requires more signatures for an independent candidate for U.S. House than it does for an independent presidential candidate. Alabama is the only state that ever requires more signatures for an independent for U.S. House than it does for an independent for president.

The U.S. Supreme Court ruled in 1979 and again in 1992 that states cannot require candidates running in just part of the state to get more signatures than are required for candidates running for statewide office. Nevertheless, the U.S. District Court in the Shugart case upheld the Alabama requirement, by saying that the 1979 precedent only relates to the situation when a state requires more signatures for a municipal partisan office than a statewide office. The U.S. District Court did not mention the 1992 U.S. Supreme Court precedent.

Orange County Register Covers Hearing in Presidential Qualifications Case

On October 5, U.S. District Court David Carter heard arguments in Santa Ana, California, in one of the presidential qualifications cases. This California case is the one in which Alan Keyes is a plaintiff. Here is a newspaper report from the Orange County Register about the hearing, in which government attorneys argued the case should be dismissed before any discovery takes place.

Club for Growth Support for Conservative Party Nominee Highlighted in The Hill

The Hill is one of the two leading newspapers published in Washington, D.C., and aimed at readers interested in government and politics. The October 3 issue of The Hill has this article about the November 3, 2009 special election in New York’s U.S. House district 23. The article says the Club for Growth has steered $275,000 toward the Conservative Party nominee, so that he is slightly better-funded than either the Democratic or Republican nominees.

South Carolina Ballot Access Case Filed by United Citizens Party Moves Ahead

On August 14, the United Citizens Party had filed a lawsuit against the South Carolina Elections Commission, challenging the Elections Commission’s 2008 rule that forces candidates to file multiple declarations of candidacy, if they are seeking the nomination of more than one political party. The party says the state didn’t pre-clear that change with the U.S. Justice Department. Before 2008, a candidate only needed to file a single declaration of candidacy, which meant more flexibility for that candidate to later decide which party nominations he or she would seek.

On October 2, a U.S. District Court Judge ruled that a 3-judge case will be convened in this case, and will be argued before those three judges on November 18. Federal lawsuits involving the Voting Rights Act usually require 3-judge courts. The case is Gray v South Carolina Election Commission, 3:09cv-2126.