Louisiana Appeals Decision that put Barr on the Ballot

Posted on by September 25, 2008
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On September 25, Louisiana filed a notice of appeal with the 5th circuit, in the case over whether Bob Barr should be on the ballot. The issue is the deadline, and its relationship to the bad weather that closed the Secretary of State’s office during the first week in September. Since the state is appealing, Brian Moore (who, unlike Bob Barr, had not been given any relief by the U.S. District Court), can automatically cross-appeal in the same proceedings in the 5th circuit. The U.S. District Court still hasn’t issued its written opinion, so it is difficult to analyze all the issues. Also it is still murky as to whether the Reform Party has any chance for relief. The Reform Party was not part of the lawsuit but it has the same problem, and it (like the Libertarian Party) is a qualified party in Louisiana.

Mississippi Court Rules Against Brian Moore

Posted on by September 25, 2008
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On September 25, a U.S. District Court in Mississippi ruled against Brian Moore, in the lawsuit to place him on the ballot as the presidential nominee of the Natural Law Party. The issue was whether the state should have accepted his paperwork, which was submitted on the deadline at 5:10 p.m. He plans to appeal. Thanks to Darcy Richardson for this news. The judge ruled orally from the bench; nothing is in writing yet.

Hearing on Oklahoma Ban on Out-of-State Circulators Goes Well

Posted on by September 25, 2008
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On September 25, the 10th circuit held oral arguments in Yes on Term Limits v Savage, 07-6233. The three judges were Michael R. Murphy (a Clinton appointee), Monroe G. McKay (a Carter appointee), and Michael McConnell (a Bush Jr. appointee). The issue is Oklahoma’s ban on out-of-state initiative circulators. The panel seemed somewhat skeptical of Oklahoma’s theory that out-of-state circulators are intrinsically prone to committing forgery, yet in-state circulators are not.

Three Important Ballot Access Hearings Set for September 25

Posted on by September 24, 2008
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September 25 is a day with three important ballot access hearings. The 10th circuit will hear Yes on Term Limits v Savage, to determine if the U.S. Constitution permits states to criminalize out-of-state initiative petition circulators. The 7th circuit will hear Stevo v Keith, over whether there is any state interest in requiring independent candidates for U.S. House to get over 10,000 valid signatures in some election years, but exactly 5,000 signatures in other election years. And a U.S. District Court in Jackson, Mississippi, will decide whether Brian Moore’s paperwork (to be on the ballot for president) should have been accepted. He submitted the paperwork at 5:10 p.m. The election law only specifies the day of the deadline, not the hour (many other states specify some particular hour on the deadline day). But Mississippi said he was ten minutes too late.

Working Families Party Has Candidates in Four States

Posted on by September 24, 2008
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The Working Families Party, which started out in 1998 as a party only in New York state, has been expanding into other states. This year it has candidates for partisan office for the first time in Oregon and Delaware. It also has candidates in New York and Connecticut, as it did in 2006 and 2004.

In Delaware, the Democratic Party has exerted considerable pressure on all Democratic nominees, not to accept the nomination of the Working Families Party as well (Delaware permits fusion). However, this year in Delaware, three Democrats bucked their own party and accepted the Working Families nomination. The Working Families Party also cross-endorsed three Republican nominees for state house.

The Working Families Party tried to have nominees this year in South Carolina, but Democratic Party officials persuaded various Democrats not to accept the WFP cross-endorsement.