Pennsylvania Court Asks 2004 Nader Challengers to Respond to Recent Indictments

As most regular readers are aware, on July 10, the Pennsylvania Attorney General indicted a dozen state employees for doing partisan political work on government time, with government computers and other resources. Some of that partisan political work was participating in the challenge to Ralph Nader’s 2004 Pennsylvania petition, and also the challenge to the Green Party’s 2006 petition.

Nader then asked the Pennsylvania Commonwealth to re-open the matter of whether they should each be required to pay approximately $80,000 to the people who challenged their petitions. The justification for the re-opening was that the challengers had acted corruptly. On August 29, Judge Bonnie Leadbetter issued an order, requiring the challengers to Nader’s petition to respond to Nader’s request for a reopening.

The reason Nader has still not paid the $80,000 is that his bank is in the District of Columbia, and the D.C. Superior Court has never agreed to let the 2004 challengers seize Nader’s bank account. The D.C. court hasn’t denied the request either; it simply hasn’t acted. On August 22, Nader’s attorneys notified the D.C. Superior Court of the new activity in the Pennsylvania court.

The Green Party has not asked the Commonwealth Court to re-open the matter of its $80,000 problem for 2006. Instead the Green Party went to the State Supreme Court. There is no response to that request so far.

Louisiana Asked to Print Ron Paul on Ballot as Presidential Candidate

On September 4, a slate of presidential electors was filed at the Louisiana Secretary of State’s office, in person. The electors are pledged to Ron Paul for president, and former Congressman Barry Goldwater, Jr., for vice-president. The partisan label for this slate is “Louisiana Taxpayers Party.” The filing, and the $500 was accepted, but the Secretary of State did not commit to printing the slate on the ballot. However, there is no law that says presidential candidates at the November election must sign any declaration of candidacy.

Louisiana is one of the few states that still prints the names of presidential elector candidates on the ballot. Thus, Louisiana elections officials have a heightened awareness that the true candidates in November elections are the presidential elector candidates, and that presidential candidates’ names on the ballot are only there as labels, describing the intentions of those elector candidates.

It has been difficult to get information from the Louisiana Secretary of State’s office this week, because Baton Rouge electricity has been disrupted. The Secretary’s web page has been down for several days, and no receptionist has been answering the phone in that office. Thanks to IndependentPoliticalReport for breaking the story.

McCain-Palin is First Major Party Ticket with Both Nominees from Western States

The Republican Party has chosen an Arizonan for president, and an Alaskan for vice-president. This is the first time a major party has chosen both its presidential and vice-presidential candidates from western states. The Democratic Party has never chosen a westerner for either president, or for vice-president.

The last time the Republican Party chose a ticket with both nominees from the same section of the country was 1976, when it chose midwesterners for both offices (Gerald Ford of Michigan for president, and Bob Dole of Kansas for vice-president).

U.S. District Court Tells Puerto Rico to Print Bi-lingual Ballots

On August 27, U.S. District Court Judge Jose A. Fuste ordered the Puerto Rican Election Commission to print ballots in English as well as Spanish. The Commonwealth had been planning to print ballots only in Spanish. The Commission argued that the Voting Rights Act doesn’t apply to Puerto Rico, but the court disagreed. The Voting Rights Act requires that language minorities amounting to at least 5% must have their own language on ballots. The plaintiff presented evidence to show that 14% of the population of Puerto Rico uses English as their first language. The case is Diffenderfer v Gomez Colon, no. 08-1918. Here is the decision, thanks to Professor Eugene Volokh.

After the ruling, the Commission said it would be impossible to comply in time for the November 4 election. The Commission is appealing to the 1st Circuit. Puerto Rico this year elects a Governor, a Commonwealth Legislature, and a representative to the U.S. House of Representatives. Puerto Rico does not vote for president in the general election, although it did hold a Democratic presidential primary this year and in certain earlier years.

UPDATE: the case number in the First Circuit is 08-2107.

Washington State Primary Turnout Worse in 2008 than in 2004

The Washington Secretary of State’s office is almost finished tallying the results of the August 2008 primary. According to the Secretary’s web page, only 200 ballots remain to be counted. The Secretary of State’s web page also shows that the 2008 turnout was 42.58% of registered voters. That figure might change a miniscule amount when the absolute final tally is finished.

In the last gubernatorial primary in Washington state, in 2004, the Secretary of State’s webpage shows the turnout was 45.14%. In 2004, Washington state used a classic open primary. In 2008, for the first time, Washington used the “top-two” primary. “Top-two” proponents always argued that “top-two” would surely produce a higher turnout than any other type of primary. Secretary of State Sam Reed, who supports “top-two”, had predicted before the August 2008 primary that turnout would be 46%.