The Hazards of Getting a Write-in Vote for President Counted

No group of voters (except for ex-felons and felons, and residents the District of Columbia, and of the U.S. territorial possessions) is treated worse than voters who cast a write-in vote for president, even if the presidential candidate has filed for write-in status.

States don’t tally any write-in votes for president until December, and sometimes January. Certain areas of the country illegally don’t count them at all. Washington, Oregon, Alaska, and the District of Columbia all refuse to provide a tally for the declared write-in candidates. In the case of the District of Columbia, this is especially egregious, since a D.C. court explicitly ordered such tallies for declared write-in presidential candidates, in 1975, in the aftermath of the Kamins v D.C. Board of Elections lawsuit. Also, in the case of Oregon, the State Supreme Court ruled in 1945 that the Oregon Constitution protects write-in votes.

New York city habitually fails to count any write-in votes for the declared write-in presidential candidates. The Board says it is too much work to take down the heavy rolls of paper from the mechanical voting machines and look at them. About 15 counties in Pennsylvania, including Philadelphia, also regularly fail to tally any write-in votes at general elections. A proposed lawsuit to challenge this behavior in Pennsylvania has been talked about for almost two years now, but the attorneys still have not filed it.

Phil Berg Files Anti-Obama Case in Both the 3rd Circuit and the U.S. Supreme Court

On October 30, Philadelphia attorney Phil Berg filed his appeal in Berg v Obama in the 3rd circuit, case number 08-4340. That Court has not acted. Berg then filed with the U.S. Supreme Court, case number 08-570.

The U.S. Court of Appeals Clerk’s office is treating this case in an unusual manner. Normally, when one telephones the Clerk’s office and asks about the status of a case, someone in the clerical staff answers the question. In this particular case, the employees have been told not to release any information, without having the caller speak to one of the attorneys who works in the Clerk’s office.

The case concerns Berg’s assertions that Obama does not meet the constitutional qualifications to be president. The U.S. District Court had ruled earlier this month that Berg lacks standing.

CBS/NY Times Presidential Poll

On October 30, a presidential poll paid for by CBS and the New York Times was released. It shows Obama 52%, McCain 41%, undecided 5%, and other 2%. The poll did not ask voters about any presidential candidates other than Obama and McCain; people had to volunteer anyone else. For more details, see here. UPDATE: apparently the poll did mention Nader and Barr; see Art’s comment.

Greens Hope to Elect Up to Four State Legislators

The national Green Party hopes to win up to four state house seats this year. In Arkansas, Richard Carroll is favored to win. In Minnesota, Farheen Hakeem is well-known in her district in Minneapolis and formerly polled 14% for Mayor (in 2005) and 33% for County Commissioner (in 2006).

In Arizona, Kent Solberg, running in Tucson, has qualified for public funding and has been endorsed by Tucson’s biggest daily newspaper, the Arizona Daily Star.

In Illinois, Ante Marijean has been endorsed by both the Chicago Sun-Times and the Chicago Tribune.