One Election Law Bill in Congress Likely to Advance on October 8

Posted on by October 7, 2009
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Congress is considering many bills to alter election laws this year. One of them, the Military and Overseas Voter Empowerment Act, is likely to advance on October 8. The Act requires the states to mail absentee overseas ballots at least 45 days prior to any federal election. It is part of S.1390, the Defense Authorization Bill, and has already been passed by the Senate.

The House version of the Defense Authorization Bill does not include the Voter Empowerment Act, so a conference committee will decide whether the Voter Empowerment Act remains in the bill. That conference committee will be held on October 8. Most observers expect the conference committee to retain the election provision.

Assuming the bill is signed into law, it is almost a certainly that the states that now use September primaries for Congressional elections will be forced to move those primaries into August, or an earlier month.

Ray Harding, Former Leader of New York Liberal Party, Pleads Guilty in Corruption Case

Posted on by October 6, 2009
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On October 6, Raymond B. Harding, former leader of the New York Liberal Party, plead guilty to receiving $800,000 from a state pension fund, in exchange for favors done for New York state’s former Controller. See this New York Times story. The Liberal Party went off the ballot in November 2002, after having been on every statewide ballot in the state starting in 1944. Thanks to Bill Van Allen for this news.

U.S. Supreme Court Won't Hear Case on Right to be a Candidate for Public Office

Posted on by October 6, 2009
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On October 5, the U.S. Supreme Court refused to hear Greenwell v Parsley, no. 08-1328. The case had arisen in Bullitt County, Kentucky, in 2005, when the Sheriff read in the newspapers that one of his Deputies intended to run against him in 2006. The Sheriff was a Democrat and his deputy was a Republican. The sheriff fired the Deputy, and the Deputy sued, but lost in both U.S. District Court and in the 6th Circuit.

The 6th circuit had issued a similar opinion in 1997, Carver v Dennis. In that decision, the 6th Circuit had said, “The First Amendment does not require that an official in an employer’s situation nourish a viper in the nest.” The more recent Greenwell 6th circuit decision is only five pages long because it depends on the 1997 precedent. However, six other Circuits had ruled that government employees cannot be fired just because they declare their candidacy for public office, so it was reasonable to assume that the U.S. Supreme Court might take Greenwell v Parsley to settle the split in the Circuits. But, the Court did not take the case. Thanks to Thomas Jones for this news.

U.S. Supreme Court Won’t Hear Case on Right to be a Candidate for Public Office

Posted on by October 6, 2009
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On October 5, the U.S. Supreme Court refused to hear Greenwell v Parsley, no. 08-1328. The case had arisen in Bullitt County, Kentucky, in 2005, when the Sheriff read in the newspapers that one of his Deputies intended to run against him in 2006. The Sheriff was a Democrat and his deputy was a Republican. The sheriff fired the Deputy, and the Deputy sued, but lost in both U.S. District Court and in the 6th Circuit.

The 6th circuit had issued a similar opinion in 1997, Carver v Dennis. In that decision, the 6th Circuit had said, “The First Amendment does not require that an official in an employer’s situation nourish a viper in the nest.” The more recent Greenwell 6th circuit decision is only five pages long because it depends on the 1997 precedent. However, six other Circuits had ruled that government employees cannot be fired just because they declare their candidacy for public office, so it was reasonable to assume that the U.S. Supreme Court might take Greenwell v Parsley to settle the split in the Circuits. But, the Court did not take the case. Thanks to Thomas Jones for this news.