Robert Bernhoft Will Argue for Chuck Baldwin in California Court

Robert Bernhoft will argue on behalf of Chuck Baldwin, in the California case over who should be listed on the ballot as the presidential nominee of the American Independent Party. Bernhoft is the senior partner at the Bernhoft law firm. That firm last month won Ralph Nader’s ballot access case against Arizona in the 9th circuit. The firm also gathered publicity earlier in the year, when it saved movie actor Wesley Snipes from a severe criminal penalty in a case prosecuted by the Internal Revenue Service.

The hearing will be August 26, at 9:00 am, in Sacramento Superior Court, 720 9th St. in downtown Sacramento. The case is King v Bowen.

Socialist Party Put on Ohio Ballot by Federal Court

On August 21, U.S. District Court Judge Edmund Sargus issued an order putting the Socialist Party on the Ohio ballot. Specifically, Brian Moore for president and Stewart Alexander for vice-president will be listed on the November ballot with “Socialist” next to their names. Moore v Brunner, 2:08cv-224.

The Ohio Green Party knows about this decision and hopes to gain the same sort of relief for itself.

Judge Sargus said about the Socialist Party, “The Court finds that the Socialist Party USA has the requisite community support to be placed on the ballot in Ohio based on the following undisputed facts in the parties’ memoranda. Socialist Party USA has a century-long history of involvement in presidential politics. The party held its last bienniel convention in St. Louis, Missouri, in October 2007, at which time it nominated Moore and Alexander as its candidates. Socialist Party candidates appeared on the ballot in 8 states in the 2004 presidential election, and garnered 10,822 votes nationwide. For the upcoming 2008 election, plaintiffs Moore and Alexander have currently qualified in Vermont, New Jersey and Colorado and are actively seeking ballot access in 18 other states, including Ohio. As for a showing of support in Ohio, the Socialist Party has ‘an active state affiliate in Ohio with a Charter and state officers” since at least 1999. The party has gathered several thousand signatures of Ohio residents.”

This is the first time the Socialist Party has ever won a ballot access lawsuit in federal court. The party won many ballot access lawsuits in state courts, in the period 1900-1948. The party also won a federal lawsuit in Iowa in the 1980’s, to win the right of its members to serve as deputy registrars of voters, but that was not a ballot access case.

9th Circuit Refuses Arizona's Request for a Rehearing in Nader Case

On August 15, the 9th circuit denied Arizona’s request for a rehearing en banc in Nader v Brewer. The decision had come down on July 9. The decision had struck down Arizona’s ban on out-of-state circulators, and had also struck down the early June petition deadline for independent candidates. Presumably the Arizona Secretary of State will now ask the U.S. Supreme Court to hear this case.

9th Circuit Refuses Arizona’s Request for a Rehearing in Nader Case

On August 15, the 9th circuit denied Arizona’s request for a rehearing en banc in Nader v Brewer. The decision had come down on July 9. The decision had struck down Arizona’s ban on out-of-state circulators, and had also struck down the early June petition deadline for independent candidates. Presumably the Arizona Secretary of State will now ask the U.S. Supreme Court to hear this case.