Allan Stevo Asks U.S. Supreme Court to Hear his Ballot Access Case

On March 21, Allan Stevo, independent candidate for U.S. House in Illinois last year, asked the U.S. Supreme Court to hear his ballot access case, Stevo v Keith. The case number will be assigned soon.

Illinois requires independent candidates for U.S. House to submit exactly 5,000 valid signatures in years ended in “2”, but requires approximately twice as many signatures in all other election years. This policy has existed for 30 years, and in all that time, no independent candidate for U.S. House has qualified in Illinois, neither in years in which 5,000 signatures were required, nor in years in which approximately 10,000 were required. Stevo argues that there is no state interest in ever requiring more than 5,000 signatures for that office, in light of this historical record. The brief highlights the fact that the 7th circuit decision upholding the law did not mention the leading U.S. Supreme Court precedent on cases like this, Illinois State Board of Elections v Socialist Workers Party. That 1979 decision said that there is no interest in requiring a candidate for Mayor of Chicago to get approximately 50,000 signatures, when a candidate for Illinois statewide office only needed 25,000.

New Mexico Legislature Adjourns in 2 Days

New Mexico is the only state in which state elections officials have still not used the November 2008 election returns to determine which parties are ballot-qualified and which are not. The person in the New Mexico Secretary of State who is in charge of making that determination has been saying for four months that he is too busy to look at the issue, but that he will look at it as soon as the legislature adjourns. The New Mexico legislature’s last day is Saturday, March 21.

County Election Officials in Kentucky Arrested for Allegedly Fraudulently Changing Votes on Vote-Counting Machine

On March 19, several Clay County officials were arrested and charged with various federal crimes involving elections and election returns. Among those arrested were the Circuit Court Judge and the County Clerk. See this story from Bradblog. According to Bradblog, Clay County uses ES&S iVotronic vote-counting machines, which leave no paper trail.

Some of those arrested are Democrats, and some are Republicans. Clay County in November 2008 voted McCain 5,710; Obama 1,552; Nader 54; Barr 26; Baldwin 22.

Minnesota Supreme Court Grants Expedited Review of IRV Case

On March 17, the Minnesota Supreme Court granted expedited review in the case on whether the Minnesota Constitution permits Instant Runoff Voting. A lower court had ruled on January 13, 2009, that nothing in the State Constitution prevents cities from using IRV for their own elections. Opponents of IRV had then appealed. The State Supreme Court wants the brief of opponents submitted by March 27, and the brief of supporters of IRV to be submitted by April 6. The case is Minnesota Voters Alliance v City of Minneapolis, A09-182.

Oral Argument in Nader v Democratic National Committee Set for March 20

The U.S. Court of Appeals, D.C. Circuit, will hear oral arguments in Nader v Democratic National Committee, on the morning of Friday, March 20, at the Prettyman Courthouse, 333 Constitution Avenue, 5th floor, room 31. The case number is 08-7074. The 3-judge panel starts hearing cases at 9:30 a.m., and the Nader case is the third one that will be heard.