California Republican Intra-Party Squabble Decided

On November 24, a Superior Court Judge in Alameda County, California, dismissed the case Cummings v Stanley, on procedural grounds. The issue was whether certain members of the Alameda County Republican Central Committee were validly elected in the June 2008 primary.

Some of the winners, whose names were on the Republican primary ballot for party office, seem not to have met the duration of membership requirement for candidates to appear on a partisan primary ballot. These winners, for the most part, are Ron Paul supporters. The chairperson of the Alameda County Republican Central Committee filed a lawsuit on July 25, 2008, to unseat them. However, the judge ruled that the lawsuit should have been filed within 5 days after the canvass of the primary had been completed. Thanks to the commenter who told me this news. See here for a news story about the decision. The chair had also sued Alameda County’s elections department for not checking the registration history before it placed the candidates on the primary ballot. California law says that no one may appear on a partisan primary ballot if he or she has been a member of any other party during the preceding year before filing.

Petitions for Rehearing En Banc Still Pending in 7th, 9th Circuits

In mid-October, two petitions for rehearing were filed in important election law cases. Both are still pending. Often, petitions for rehearing are rejected within two or three weeks after they are filed.

In the 7th circuit, the ballot access case from Illinois, Stevo v Keith, lost on October 1. A petition for rehearing en banc was filed on October 15. The issue is whether Illinois has any valid interest in requiring independent candidates for U.S. House to submit 10,000 or more signatures in some years, when only 5,000 signatures are required in certain other years. Case number 08-3218.

In the 9th circuit, the Alaskan Independence Party had lost its case on October 6. A rehearing en banc request was submitted on October 20. The issue is whether a party has a right to control who runs in its primaries. Alaskan Independence Party v State, no. 07-35186.

New Presidential Totals Posted Sunday, Nov. 30

The new totals for Nader, Barr, Baldwin and McKinney reflect changes (since the last totals were posted a week ago) in Alabama, California, Iowa, Kentucky, Maine, Michigan, Missouri, Montana, New Mexico, North Carolina, Oregon, Utah, and Washington.

Special thanks to Michael Jose for getting the write-in votes for the declared write-in candidates in Maine. The only three declared write-ins in Maine were Bob Barr (251 write-ins), Chuck Baldwin (177 write-ins) and Jonathan Allen (3 write-ins). Maine totals these three numbers on its official election returns web page, yet refuses to break them down in those official returns. Yet Maine does know how many each of the three candidates got, and does send that information to the National Archives. Michael Jose discovered this “hidden” tabulation.

The biggest boost in votes yet to come will probably be in California,
Illinois, New York, and Pennsylvania, since those four populous states don’t have their official returns known yet. No write-ins from those four states are included so far. Some counties in California have reported write-ins, but those fragmentary returns are not included yet.

When all the states have their official totals, the results for all 23 presidential candidates who were on the ballot in at least one state will be posted.

Alabama Presidential Write-ins

Alabama is a state that has write-in space on the November ballot for president, and which has no requirement that write-in presidential candidates who want their write-ins must file a declaration of write-in candidacy. However, traditionally, the Alabama Secretary of State has never included any write-ins in her official canvass of votes. But in 2006, for the first time, she included photocopies of all the write-ins certified to her office, for all office. Now, for the 2008 official canvass, she has again posted the copies of write-in tallies on her webpage.

Unfortunately, only 20 counties bothered to send her any data about write-ins. Alabama has 67 counties; the 20 counties that submitted write-in information comprise approximately half the population of the state.

In the 20 counties that reported write-ins, Ron Paul and Hillary Clinton were the clear winners. There seem to be 279 write-ins for Hillary Clinton for president, and 273 write-ins for Ron Paul for president.

Among presidential candidates who were actually running (yet who weren’t on the Alabama ballot), the write-ins are: Alan Keyes 14, Cynthia McKinney 6, Brian Moore 4, Ted Weill 1 (Ralph Nader, Bob Barr, and Chuck Baldwin were on the ballot).

If you live in Alabama, in one of the 47 counties that broke the law and did not tally any write-ins, you should consider making a complaint. Some years ago the Attorney General issued an opinion, saying that counties must tally all write-ins. The only 20 counties that submitted write-ins to the Secretary of State are Baldwin, Barbour, Calhoun, Cherokee, Clarke, Covington, Elmore, Etowah, Henry, Jefferson, Lawrence, Limestone, Marengo, Marion, Mobile, Montgomery, Russell, St. Clair, Walker, Washington.

The most populous counties that did NOT report their write-ins are Madison (which has Huntsville), Lee, Morgan, Shelby, and Tuscaloosa.