First Circuit Upholds Ban on Petitioning for Candidates on Interior Post Office Sidewalks

On February 25, the First Circuit upheld a Post Office regulation that, in effect, bans petititioning to place a candidate on a ballot on interior Post Office sidewalks. Del Gallo v Parent, 08-1511. The decision is 37 pages long, and was written by Judge Sandra Lynch, a Clinton appointee, and co-signed by Judge Michael Boudin, a Clinton appointee, and Kermit Lipiz, a Bush Sr. appointee.

Technically, the decision does not deal with the Post Office ban on collecting signatures on its interior sidewalks. Instead, it upholds another regulation that bans “campaigning” on postal interior sidewalks. But the decision assumes that petitioning for a candidate is equivalent to campaigning. The decision says that the Post Office needs the regulation because otherwise the public will assume the Post Office supports the candidate who is “campaigning” on its interior sidewalks.

Another case, related directly to the postal ban on all petitioning on its interior sidewalks, called Initiative & Referendum Institute v Postal Service, is still pending in U.S. District Court in the District of Columbia.

Maryland Has an Independent Legislator

Maryland Delegate Richard Weldon, who represents western Maryland, was re-elected in November 2006 as a Republican. However, in September 2008, he changed his registration to “independent.” He is the first Maryland legislator to be anything other than a Republican or a Democrat since 1934. Here is the article about Weldon on Wikipedia. Unfortunately, it doesn’t say why he switched to being an independent.

All Maryland legislator have 4 year terms and all are elected in midterm years. Weldon says he won’t run for re-election in 2010.

Sundwall Invited Into Televised Debate

TV station WMHT and the Albany Times Union newspaper are jointly sponsoring a candidate debate, in the New York U.S. House 20th district special election set for March 31. The debate will be 7:30 pm, Thursday, March 19. All three ballot-listed candidates are invited. They are Libertarian Eric Sundwall, Republican Jim Tedisco, and Democrat Scott Murphy.

Oklahoma Ballot Access Group Appeals for Contributions to Continue Paying Lobbyist

As has been noted previously, the Oklahoma House recently passed HB 1072, which eases ballot access for previously unqualified parties in midterm years, but does not help them in presidential years. OBAR (Oklahoma Ballot Access Reform) has been paying a professional lobbyist $2,500 per month to advance and to improve this bill. The lobbyist has been paid through the end of March 2009. He is working on getting the bill amended in the Senate, so that it makes more significant improvements. Unfortunately, OBAR has exhausted its funds, and cannot pay for April work. Any contributions to OBAR will not be wasted, and will be used for his April work. Other organizations that assist ballot access, such as COFOE and Free & Equal, are likely to help. But if you wish to help, please send a check to OBAR, PO Box 14042, Tulsa Ok 74159-1042. Even small amounts are worthwhile and very much needed. UPDATE: COFOE has just voted to donate $500 for the April lobbyist bill.