Judge Rules that McCain is Natural-Born

On September 16, U.S. District Court Judge William Alsup ruled that John McCain is a natural-born citizen, eligible to be president. He also ruled that, even if he weren’t, the plaintiffs in Robinson v Bowen (08-cv-3836) did not have standing to challenge McCain’s ballot status. He said another presidential candidate running against McCain would have standing, but that even then, the case would only be ripe after the November election. The judge was aware that the California Supreme Court had ruled in 1968 that presidential candidates who are not eligible should not be on the ballot, but he didn’t discuss that in his 5-page opinion.

The plaintiffs in this case are supporters of Alan Keyes, so it is odd that Keyes did not join the case as a co-plaintiff. The plaintiff is a presidential elector candidate for Keyes, and he is also the (somewhat disputed) state chair of the American Independent Party of California.

Daily Kos Tracking Poll

The Daily Kos tracking poll for president, as of September 16, shows Obama 48%, McCain 44%, Nader 2%, Barr 2%, other 1%, undecided 3%. The poll breaks down the vote by various categories, such as age, sex, region, and party. Barr’s strongest showing by age category is 30-44 (4%), whereas Nader’s strongest showing by age category is older voters.

New York Independence Party Hopes to Elect a Congressman

The New York Independence Party’s candidate for 13th U.S. House district, Carmine Morano, is campaigning to win. Morano is a health insurance expert. See this City Hall News story about his campaign. The 13th district comprises Staten Island and part of Brooklyn. The incumbent Republican, Vito Fossella, is not running for re-election. The district is fairly even balanced between Democrats and Republicans, so the winner in this district will probably be someone who polled substantially less than a majority.

Louisiana Ballot Access Hearing Set for September 16 in Louisiana

A U.S. District Court Judge in Louisiana has set a hearing (by telephone) in Libertarian Party & Socialist Party v Dardenne, the presidential ballot access case. The hearing is Tuesday, September 16, at noon, central time.

In a related case, Brian Moore filed his case against Mississippi on September 16. Both the Louisiana and Mississippi cases involve disputes about whether state elections officials should have accepted paperwork. Both states say the various campaigns were too late.

Maine Independent Candidate Ballot Access Decision is Imminent

U.S. District Court Judge John Woodcock of Maine still has not ruled on the ballot access lawsuit filed September 9 by Laurie Dobson. She is an independent candidate for U.S. Senate. The hearing was Friday, September 12, and the Judge indicated he would rule very quickly, but as of 8:15 a.m. eastern time, Tuesday, September 16, he has not done so. The issue is whether a candidate who turns in her petitions to the town clerks by the deadline should still be kept off the ballot just because the town clerks didn’t finish checking the signatures in time.