New Mexico Secretary of State Will Say Which Parties are Qualified on Monday, April 20

Most states routinely decide which political parties are qualified, within days of tabulating their official election returns. But in recent decades, the New Mexico Secretary of State has developed a habit of not declaring which parties are qualified until months after the election.

The employee of the Secretary of State’s office who is in charge of determining which parties are qualified says he will release his analysis on Monday, April 20. It seems obvious that the Independent Party is ballot-qualified, because it polled over one-half of 1% of the vote for president in November 2008 (its nominee was Ralph Nader). It is likely that the Green Party and the Constitution Party are also ballot-qualified. The Green Party polled over 5% of the entire statewide vote in November 2008 for a candidate for State Regulation Commission. The Constitution Party submitted a party petition in 2008, and precedent says that when a party submits a party petition, it gets two elections, not just one.

Mississippi Democrats Try and Fail to Remove Candidate from Primary Ballot

On April 17, U.S. District Court Judge W. Allen Pepper, of the Northern District of Mississippi, denied a request by the Democratic Party that James Lowe be kept off the Democratic Party primary ballot as a candidate for Mayor of Leland. The primary is set for May 5. The party argued that Lowe should be kept off the Democratic primary ballot because he has recently been a member of the Republican Municipal Executive Committee. However, Judge Pepper said that there is no legal basis for the party’s request, neither in state law, nor in Democratic Party bylaws. The party did hastily pass a Bylaw barring candidates from its primary who have recently served on the committee of a different party, but the rule was passed after the candidate filed. Lowe v Democratic Municipal Executive Committee of the City of Leland, Mississippi, 4:09-cv-35. Thanks to Rick Hasen for this news.

Pennsylvania Supreme Court Agrees to Hear Nader Re-Appeal on 2004 Fees

On April 16, the Pennsylvania Supreme Court noted probable jurisdiction in Ralph Nader’s new appeal of the fees that were assessed against him in 2004. The Pennsylvania Supreme Court had taken a similar action last month in the Green Party’s 2006 case, which was very similar.

Although most readers of this blog are probably already familiar with the issue, to restate it: Pennsylvania is the only state that has ever had a policy of charging petitioning candidates for the administrative costs of removing them from the ballot. Even Pennsylvania had never done such a thing, until 2004, when it was invented to be used against Nader.

Washington State Legislature Passes National Popular Vote Bill

On April 15, the Washington State House passed SB 5599, the National Popular Vote Plan bill. The bill had passed the Senate in March. It now goes to the Governor, who is likely to sign it. If she does, Washington will be the fifth state to have enacted the pact, which does not go into effect until states containing a majority of electoral votes have passed it.

Juneau State Senate Vacancy Remains Unfilled as Legislature and Governor Squabble Over Procedure for Filling Vacancies

Juneau, Alaska has been unrepresented in the Alaska State Senate for the last month. The original Senator, Kim Elton (a Democrat), had resigned to accept an appointment in the Obama administration. Alaska Governor Sarah Palin believes she is entitled to choose any Democrat for the vacant seat, unless the full legislature vetoes her choice. But Democratic Senators believe that the Governor may only appoint a Democrat suggested by Senate Democrats. Two gubernatorial appointees, Tim Grussendorf and more recently Joe Nelson, have failed to be seated. The Alaska legislature adjourns in little more than a week.