Another Obama Constitutional Requirements Case in U.S. Supreme Court

Besides Berg v Obama, another lawsuit relating to whether President-elect Barack Obama holds the constitutional qualifications to be president, is now docketed in the U.S. Supreme Court. It is Donofrio v Wells, 08A407, and originated in New Jersey state courts. Whether you are interested in this subject or not, Donofrio’s blog (see here) describing his interactions with clerical staff at the U.S. Supreme Court is fascinating and should be read by anyone who is interested in legal procedures. Thanks to Bill Van Allen for the link, and to Glenn Brown for making me aware of the case.

Minnesota Republican Elected to State House with only 36.7% of Vote

The results of a Minnesota state legislative race this month are close to a three-way tie. In district 41A, in Edina, the results are: Republican 36.7%; Moderate Independent 31.9%; Democratic-Farmer-Labor 31.4%.

The incumbent, Ron Erhardt, ran as an independent with the label “Moderate Independent”, after his own Republican Party censured him for voting to override the Republican Governor’s veto of a gasoline tax increase.

Results like this one, as well as the now famous U.S. Senate race, should increase interest in Minnesota in Instant-Runoff Voting. Fairvote Minnesota has this press release on its webpage. The first count for U.S. Senate shows these results: Republican 41.99%, Democratic-Farmer-Labor 41.98%, Independence 15.16%, Libertarian .48%, Constitution .31%, miscellaneous write-ins .08%.

Did the Vermont Progressive Party Win a State Senate Seat?

Reporting on partisan victories is sometimes a complicated affair, especially in states that allow fusion. On November 4, Tim Ashe was elected to the Vermont State Senate from the Chittenden County district, which elects six Senators. Ashe was on the ballot as “Democrat, Progressive.”

Vermont, California, and Massachusetts allow fusion and use office-group ballots. That means a candidate with two party nominations is only listed once on the ballot. The party the candidate considers himself to be a member of is listed first. Other parties that nominated that same candidate are listed after the comma that separates the party names.

So, by that standard, Ashe is a Democrat who had been cross-endorsed by the Progressive Party. On the other hand, he was elected to the Burlington city council in a partisan election in 2007, and at that election he was listed solely as “Progressive” (Burlington city elections are partisan). Although he is expected to join the Democratic caucus in the Vermont Senate, he is perceived by most to be more loyal to the Progressive Party than to the Democratic Party. This newspaper story identifies him as a Democrat, but with strong ties to the Progressive Party. The story also relates how he had apparently been defeated on election night, but the next day a vote-tabulating error was caught, so that actually he had won the race.

The Progressive Party’s webpage is somewhat misleading on the question of Ashe’s election. It says, “Tim ran as a P/D”, which implies he was listed on the ballot that way, but that is not true. The Nation Magazine, December 1 issue, says, “The Vermont Progressive Party won its first State Senate seat” and does not explain any of the subtlety.

Vermont does not have registration by party.

Paul Jacob Prosecution Delayed Again

Paul Jacob, Susan Johnson, and Rick Carpenter, have been under threat of prosecution for many months, over charges that they conspired to bring out-of-state petition circulators to Oklahoma. On November 18, the state finally had its chance in court to persuade a judge that the three should stand trial. This process had been expected to start on November 17 and be continued on November 18. However, it was delayed until November 18, and did not finish. The judge who is hearing the case said that he and his courtroom are not available for perhaps two months to finish the process, so it will reconvene early next year.

Republicans Won No State Senate Elections in Hawaii This Year

Hawaii has a 25-member State Senate. Each Senator has a four-year term, and each election year, half the State Senate seats are up. This year, in the 12 State Senate elections, Democrats won all of them. The Hawaii Senate only has two hold-over Republican members remaining.

In the Hawaii House, all 51 seats were up this year. Democrats won 45 and Republicans won 6.