2nd Circuit Strikes Down New York Restriction on Absentee Voting

On August 22, the 2nd circuit struck down a New York state election law that says that absentee voters are not permitted to vote for Party County Committee Members. New York state elections officials send absentee voters a ballot that omits that office, but includes all the other offices that are on non-absentee ballots. The case is Price v New York State Board of Elections, 07-5367. The vote was 2-1. The dissenting judge thought that the law was only a trivial violation of the right to vote.

New York’s rationale for omitting Party County Committee elections from absentee ballots is that absentee ballots take longer to count than ordinary ballots, and the parties need to know very quickly who was elected to its county committees. However, since one of the co-plaintiffs in the case is the Republican Party of Albany County, that rationale wasn’t convincing to the two judges in the majority. Thanks to Bill Van Allen for this news.

Keyes Wins California Lawsuit on Procedural Issues

On August 26, Superior Court Judge Michael Kenny ruled in favor of the Alan Keyes faction of the American Independent Party. The case is called King v Bowen, 34-2008-80000016. Judge Kenny said that the Chuck Baldwin faction of the party should have filed the lawsuit sooner. Also he said the Baldwin faction should have served Alan Keyes as an indispensible party. Therefore, the California ballot will list Alan Keyes as the presidential nominee of the American Independent Party, not Chuck Baldwin.

It is probably too late for the Chuck Baldwin faction of the party to appeal the ruling on which presidential candidate should be on the November ballot. However, the American Independent Party activists who brought the lawsuit are free to bring a new lawsuit, over who the legitimate party officers are. At the hearing, the Chuck Baldwin faction argued that its state convention on June 28 was legitimately called, and the Alan Keyes faction of the party did not seem to contest that point. The case was dismissed without prejudice, which means that the substantive issues have not yet been addressed. Here is the court website. Click on the link. Then choose the “Department” option, and enter Department 31 and the date 08/26/2008. Click “search”. There will be a court web page link to the decision near the bottom of the screen.

Baldwin or Keyes?: California American Independent Party Hearing Results to Come by End of Today (Tuesday)

The hearing for King vs. Bowen was held this morning in Sacramento. The case is to decide which faction of the California American Independent Party (AIP) has legal control of the state party, and therefore, which presidential ticket (Chuck Baldwin or Alan Keyes) will appear on the AIP line in California.

The judge promised to announce his decision by the end of today. Check Ballot Access News for the result.

Green Party Will File Lawsuit to Get on Ohio Ballot

The Ohio Green Party will file a lawsuit in federal court in Columbus on August 26, asking that it be placed on the November ballot. Under the recent precedents putting the Libertarian and Socialist Parties on the ballot, the lawsuit is likely to succeed. If it does, this will be the first time the Green Party label will have been printed on any Ohio ballot.