Senator Bill Nelson Will Again Introduce Amendment for Direct Election of President

Posted on by December 23, 2008
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According to this story in the Tampa Tribune of December 22, U.S. Senator Bill Nelson will again introduce a constitutional amendment in January, to abolish the electoral college. Nelson had introduced it in June 2008 as SJR 39, but it made no headway.

SJR 39 is worded this way: “Sec. 1. The President and Vice President shall be jointly elected by the direct vote of the qualified electors of the several States and territories and the District constituting the seat of Government of the United States. The electors in each State, territory, and the District constituting the seat of Government of the United States shall have the qualifications requisite for electors of the most numerous branch of the legislative body where they reside.

Sec. 2. Congress may determine the time, place and manner of holding the election, the entitlement to inclusion on the ballot, and the manner in which the results of the election shall be ascertained and declared.”

Libertarian Louisiana Presidential Case is Still Pending

Posted on by December 23, 2008
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The Libertarian Party’s lawsuit against Louisiana for keeping Bob Barr off the ballot last month is still alive and active. Here is the party’s 43-page brief, filed on December 8 in the 5th circuit. One little-known fact about this case is that both the Democratic and Republican Parties also failed to file their presidential elector candidates by the statutory deadline, September 2. The Secretary of State created a new deadline (September 8) by fiat, but the case argues that under Article II, only state legislatures can create election laws.

Indiana Activists Need Quick Action

Posted on by December 22, 2008
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If you are concerned about Indiana ballot access, it is important to know that bills must be introduced only four session days after the legislature convenes on January 7.

Indiana ballot access is among the worst in the nation. For the last three presidential elections, the presidential candidate who placed third nationally has not been on the ballot in Indiana. That candidate, of course, is Ralph Nader. Indiana is one of only 4 states in which Nader’s name has never been on the ballot. Of all the states with really bad ballot access, Indiana and Texas are the only ones with no ballot access lawsuits pending. Therefore, any improvement in those two states must be by persuading state legislators to improve the laws. In Texas, legislators may introduce bills as late as March 13, 2009.

9th Circuit Won’t Rehear Alaskan Independence Party Case

Posted on by December 22, 2008
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On December 17, the 9th circuit denied a rehearing en banc in Alaskan Independence Party v State of Alaska, 07-35186. The issue was whether a political party’s freedom of association extends to controlling who can run in its primary. The original decision on October 6 sided with the state, but didn’t really grapple with the constitutional issues involved, and seemed to think the case was about whether the government can require parties to nominate by primary. It is possible the Alaskan Independence Party will ask for U.S. Supreme Court review.

9th Circuit Won't Rehear Alaskan Independence Party Case

Posted on by December 22, 2008
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On December 17, the 9th circuit denied a rehearing en banc in Alaskan Independence Party v State of Alaska, 07-35186. The issue was whether a political party’s freedom of association extends to controlling who can run in its primary. The original decision on October 6 sided with the state, but didn’t really grapple with the constitutional issues involved, and seemed to think the case was about whether the government can require parties to nominate by primary. It is possible the Alaskan Independence Party will ask for U.S. Supreme Court review.