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Nader Files Final Brief in Lawsuit Against Democratic National Committee

Posted on February 17, 2009 by adminFebruary 17, 2009

On February 13, Ralph Nader filed his rebuttal brief in the U.S. Court of Appeals, D.C. Circuit, in Nader v Democratic National Committee. Here is the brief. Although it deals with procedural issues, it is clear, even for readers who are not already knowledgable about court procedure. It is 41 pages. Nader’s purpose at this stage in the case is to persuade the U.S. Court of Appeals that the U.S. District Court should have allowed a trial to go forward, to establish whether the Democratic National Committee and its allies in 2004 filed 29 complaints to keep Nader off the ballot, not to vindicate valid legal claims, but to injure Nader directly be means of the legal process itself. Also Nader wants a trial to weigh Democratic National Committee liability against certain acts of sabotage to his 2004 petitions in such states as Oregon and Pennsylvania.

The oral argument is March 20 before Judges David Tatel (a Clinton appointee), Thomas Griffith (a Bush Jr. appointee), and David Sentelle (a Reagan appointee).

Texas Bill for a Later Deadline for Parties to Certify Presidential Nominees

Posted on February 17, 2009 by adminFebruary 17, 2009

Texas Representative Kelly Hancock (R-Fort Worth) has introduced HB 1193, to let qualified political parties hold their national presidential conventions as late as they wish. Existing law says qualified parties must certify their presidential and vice-presidential nominees by late August. The bill says they simply must certify their national nominees within one business day after the close of the national convention.

Of course, as most readers of this blog know, last year the Texas Secretary of State ignored the statutory deadline and placed the Republican and Democratic tickets on the ballot anyway, even though they did not meet the statutory deadline.

Bills in Wyoming and Virginia, designed to force qualified parties to hold their national conventions somewhat earlier than they did last year, have made headway. The Virginia bill, SB 1155, imposes a deadline of 74 days before the general election. It has passed the Senate and on February 17 passed a House Subcommittee.

The Wyoming bill, HB 76, has passed the House.

Oklahoma Ballot Access Bill Loses in Senate Rules Committee

Posted on February 16, 2009 by adminFebruary 16, 2009

On February 16, the Oklahoma Senate Rules Committee defeated SB 359 by a vote of 10-4. The bill would have lowered the number of signatures for a new party from 5% of the last vote cast, to 5,000 signatures. The author is Senator Randy Brogdon.

It is possible the House bill could still pass and return to the Senate. Also, the lawsuit Barr v Zeriax is pending. Discovery is proceeding.

Arkansas Senate Passes Bill Expanding Petitioning Period

Posted on February 16, 2009 by adminFebruary 16, 2009

On February 16, the Arkansas Senate unanimously passed HB 1246, one of the two ballot access bills introduced by Green Party legislator Richard Carroll. HB 1246 expands the period for a new party petition from any 60 days of the party’s choosing, to any 90 days. Thanks to Mark Jenkins for the news.

Pennsylvania Ballot Access Bill Introduced

Posted on February 16, 2009 by adminFebruary 16, 2009

The Pennsylvania Voters Choice Act has now been introduced. It is SB 252 and has nine Senators as sponsors. They include seven Republicans (Mike Folmer, Pat Browne, Mary Jo White, Lisa Baker, Jeffrey Piccola, Rob Wonderling, and Jane Earll) and two Democrats (Jim Ferlo and Lisa Boscola).

Minor parties would be on the November ballot automatically, and would nominate by convention, if they had registration membership of at least .05% of the state total. Independent candidates would need 2,000 signatures for statewide office, and smaller requirements for district office.

As of February 16, the bill is not yet posted to the state webpage. The webpage only has Senate bills up through SB 195, but it should soon catch up.

If the bill were in effect now, the Constitution, Green, and Libertarian Parties would be ballot-qualified.