Mississippi Lawsuit Over Order of Offices on the Ballot

On September 9, a Democratic county official in Mississippi filed a lawsuit against state officials, over the design of the November 4, 2008 ballot. The ballot contains two U.S. Senate elections. The election for the Class II Senate seat is near the top of the ballot, under the presidential part of the ballot. However, the other U.S. Senate seat, the Class I seat, is at the very bottom of the ballot, after the local races. See this article. UPDATE: a state judge has told the state not to print its ballots until this lawsuit is adjudicated. See this. Thanks to Rick Hasen for this update. The case is Berger v Barbour, 251-08-694cib.

Louisiana Rejected Prohibition Electors Even Though They Were Filed August 29

The Prohibition Party filed its Louisiana presidential electors, and its filing fee of $500, well before the September 2 deadline. The party sent its paperwork Express Mail, and can prove that all the documents arrived at the Elections Division on August 29. However, even though the package was correctly addressed, it was misdelivered to another state agency. That other state agency, instead of forwarding the mail to the Elections Division, marked it “return to sender.” UPDATE: Louisiana now says it will put the Prohibition Party on the ballot.

Last Minute Ballot Access Woes for Presidential Candidates in Louisiana, Mississippi

Louisiana’s filing deadline for presidential candidates and candidates for presidential elector to file was September 2. However, because of severe flooding in Baton Rouge, and power outages, the office had seemed to indicate that the deadline would be extended. However, on September 9, the Secretary of State indicated he would not accept late filings. As a result, Bob Barr (Libertarian), Brian Moore (Socialist), and Ted Weill (Reform Party) are off the ballot. This is especially ironic in the case of Barr and Weill, since the Libertarian and Reform Parties are ballot-qualified. At least one of these campaigns has already found an attorney to try to resolve the situation. Louisiana has no real state interest whatsoever in being rigid on the deadline, because the state hasn’t held its congressional primary yet. Furthermore, since no petition is needed, there are no signatures to check.

In Mississippi, the State Board of Elections met on September 9 and disallowed the Natural Law Party’s filing of Brian Moore for president, because certain papers had not been submitted until 5:10 p.m. The office had previously said the true deadline was midnight, and that there was no cause for concern. The Board also said that the party state chair, who also functioned as the secretary of the meeting that nominated Moore, should have signed two different forms instead of just one form. The Board also disallowed the petitions for Gene Amondson as an independent candidate (he is the Prohibition Party nominee), because it said some of his petitions were submitted late.