On March 13, California Superior Court Judge Michael Kenney tentatively ruled against Alan Keyes, in the lawsuit concerning whether President Barack Obama meets the constitutional qualifications to be president, and whether the California Secretary of State should have put him on the ballot. The case is Keyes v Bowen, 34-2008-8000096-CU-WM-GDS. The 6-page opinion seems to strengthen the rights of political parties to place anyone they wish on the November ballot, regardless of that candidate’s qualifications.

The decision says, “Defendants contend that Election Code sec. 6901 requires the Secretary of State to place on the ballot the names of the candidates submitted to her by a recognized political party and that she has no discretion to override the party’s selection. The Court finds that the First Amended Petition fails to state a cause of action against the Secretary of State…Federal law establishes the exclusive means for challenges to the qualifications of the President and Vice President. That procedure is for objections to be presented before the U.S. Congress pursuant to 3 U.S.C. section 15.”

In 1968, the California Secretary of State refused to list Eldridge Cleaver on the November ballot as the presidential nominee of the Peace & Freedom Party. Cleaver and PFP sued the Secretary of State, but the State Supreme Court refused to hear the case, by a 6-1 vote. Cleaver and the party then asked the U.S. Supreme Court to intervene, but that Court refused, 393 U.S. 810 (October 7, 1968). In this current Keyes lawsuit, attorneys for the Defendants claimed there was no such lawsuit. The attorney for Keyes did not have the California Supreme Court citation (58 Minutes 411), nor the U.S. Supreme Court cite, so he wasn’t able to establish the existence of this 40-year old precedent that does seem to give the Secretary of State the authority to refuse a party’s choice for president, if the Secretary of State thinks the party chose someone who doesn’t meet the constitutional qualifications. Keyes will appeal and his appeal will include the Cleaver precedent citation.

Eldridge Cleaver had been removed from the California ballot because the Secretary of State had learned that he was only 33 years old.

Oregon State Senator Bill Morrisette (D-Springfield) has introduced SB 647, to move the primary in mid-term years from May to September. In presidential election years, Oregon would continue to have a May primary for all office. Thanks to Mary Starrette for this news.

A U.S. District Court is expected to hold a trial in late April in the ballot access lawsuit called Block v Mollis, no. 09-47. The issue is whether there is any strong state interest in making it illegal to circulate a petition for a new party in an odd year. Rhode Island does not let the petition to create a new ballot-qualified party start to circulate until January 1 of any even year.

There are many reasons why a group might want to be a qualified party in an odd year. Only qualified parties are listed on the voter registration form, and the sooner a group gets on that form, the faster it will gain registered members. Also, if a party qualifies in an odd year, its chances of recruiting good candidates are enhanced. Also, paid petition circulators tend to be less expensive in odd years than in even years.