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Federal Court Upholds South Carolina’s Method of Restricting Fusion

Posted on August 12, 2009 by Richard WingerAugust 12, 2009

On August 12, U.S. District Court Judge Cameron McGowan Currie, a Clinton appointee, upheld South Carolina election laws that permit fusion, but which also say that if someone gets the nomination of one party first, and later tries to get the nomination of a second party and fails, then the first nomination is voided. South Carolina Green Party v South Carolina State Election Commission, 3:08-cv-02790.

The plaintiff-candidate, Eugene Platt, had been nominated first for a legislative seat in 2008 by the Green Party. Then he tried to win the Democratic primary for the same seat, but he lost, so the state wouldn’t let him appear on the November ballot as the Green Party nominee. The decision says the burden on the Green Party was not severe, since the state would have let it choose another nominee. Here is the decision.

COFOE Board Votes to Finance Appeal of Alabama Ballot Access Case

Posted on August 12, 2009 by Richard WingerAugust 12, 2009

On August 12, the national board of the Coalition for Free & Open Elections (COFOE) voted to spend $455 to pay the filing fee, to appeal Shugart v Chapman to the 11th circuit. This is the case over the number of signatures needed for an independent candidate for U.S. House in Alabama. Alabama is the only state that requires more signatures for an independent candidate for U.S. House, than for an independent presidential candidate.

Twice the U.S. Supreme Court ruled that states can’t require more signatures to get on the ballot for an office in just part of the state, than for a statewide office. But the U.S. District Court said that one of those precedents, Illinois State Board of Elections v Socialist Workers Party, only applies when the comparison is made between a municipal office and a statewide office. Actually, nothing in the U.S. Supreme Court decision says the logic of the case only applies if the office in just part of the state is a municipal office. This is obvious when one reads the later U.S. Supreme Court case, Norman v Reed, which applied the same principle to county office versus statewide office.

The COFOE treasury is now almost depleted, and further funds will be needed to pay for the attorney’s services. COFOE greatly values the contributions that some of you have already made, and hopes for more contributions. Please send any checks to COFOE to PO Box 470296, San Francisco Ca 94147. Anyone donating at least $25 gets a free yearly sub to the paper edition of Ballot Access News.

Poll in California's Special U.S. House Race, 10th District

Posted on August 12, 2009 by adminAugust 12, 2009

On August 7, this poll was released for the special California U.S. House election, 10th district. The first round is set for September 1. The poll (by identifying which Democrat and Republican will likely survive the first round) shows that the run-off on November 3 will probably be between these five candidates: Democrat John Garamendi, Republican David Harmer, Green Jeremy Cloward, Peace & Freedom member Mary McIlroy, and American Independent Party member Jerry Denham.

Poll in California’s Special U.S. House Race, 10th District

Posted on August 12, 2009 by Richard WingerAugust 12, 2009

Georgia Again Asks U.S. Justice Department to OK Voter Registration Restrictions

Posted on August 12, 2009 by Richard WingerAugust 12, 2009

On August 12, the Georgia Secretary of State again asked the Voting Rights Section of the U.S. Justice Department to approve certain voter registration restrictions that the Georgia legislature had passed in 2008. See this story.

On May 29, the Justice Department had refused to approve the Georgia law, which says that when someone registers to vote, the information on the registration form is matched against Social Security records and Georgia drivers license. If any discrepancy is found, the voter registration is rejected.