West Virginia Dismisses Its Own Appeal in Petitioning in Parks Case

On September 22, the lawsuit Constitution Party of West Virginia v Jezioro was voluntarily dismissed by the West Virginia state agency that runs public parks. The Constitution Party had won the case in U.S. District Court on June 3, 2009, and the state had appealed. But the state has now dropped its appeal. The lawsuit arose in 2008 when officials of the state parks refused to let the party’s petitions be circulated in a particular state park.

California Appeals Court Re-Opens Challenge to Alameda County Republican Central Committee Election

In June 2008, some Ron Paul supporters won seats on the Alameda County, California, Republican Central Committee. Twentyfive days after the election, the County Chair of the Alameda Republican Party filed an election challenge, saying that some of the people elected had not been members of the Republican Party during the three months before filing for the office. The Superior Court had dismissed the lawsuit, saying that the challenge to the election results should have been filed no later than 5 days after the election.

On September 4, the State Court of Appeals said that the challenge had been timely filed, and sent the case back to the Superior Court to decide the merits of the case. The California Election Code says primary election results must be challenged within 5 days, but for actual elections, the deadline is 30 days. The Appeals Court said the election of County Central members is an “election”, not a “primary”. The case is Cummings v Stanley, A123743. In the Superior Court it is RG-08-400144.

Lawsuit Over Florida Green Party Mystery Candidates Enters New Phase

In 2008, five Florida voters filed in the Green Party primary to run for the legislature. No Green Party leaders had ever been aware of them, and circumstantial evidence suggested that Republican Party activists had recruited them to run, for the purpose of giving the Republican nominees in those five districts an advantage. Although all five races had been expected to be close, Democrats won all five despite the presence of the Green Party nominees.

The state chair of the Green Party filed a lawsuit last year, seeking to find out whether the candidates’ campaign finance reports might have been untruthful, because each said he or she paid the filing fee of approximately $2,000 without help from any outside source, which seems dubious. There was to have been a deposition of one of the candidates on September 23, but it was cancelled, for the second time, because no one knows where that one candidate is now, so she couldn’t be served. The plaintiffs will now seek to depose the other four candidates, if they can be found. The case is called King v Roman, Pasco Co., 6th dist., 51-2008-ca-8091.