UPDATE: It appears that the Maine town and county clerks are using their discretionary powers and are accepting the slightly late filing by the LP. The actual state deadline is August 15, so the petitions will still meet that more important deadline.
The Barr campaign petitions now have 5,520 signatures, which should be enough to make the 4,000 valid requirement.
On August 13, Bob Barr filed a federal lawsuit against the West Virginia petition deadline for independent and unqualified party candidates for president. The suit depends on Anderson v Celebrezze. Also it depends on the fact that West Virginia requires a higher percentage of the last presidential vote cast, on a petition, of any state (for president) except that Oklahoma is worse and North Carolina is equally bad. The case is Barr v Ireland, 2:08cv-0990.
Lawsuits against early August petition deadlines won in Rhode Island in 1976 (McCarthy v Noel) and against Alaska in 1992 (Libertarian Party v Coghill). There haven’t been many other such lawsuits.
San Francisco election officials today certified Cindy Sheehan for the November ballot against House Speaker Nancy Pelosi. She had to get 10,198 signatures. Officials said she turned in 214 more than she needed.
Sheehan is the first independent House candidate to qualify for the California ballot since 1996. California’s requirement for independent candidates for U.S. House is the 4th most difficult in the nation (only Georgia, Illinois, and North Carolina have more severe requirements). She has the endorsement of the local Peace and Freedom Party and Green Party.
On August 8, the 9th circuit ruled 3-0 that the Veterans Administration is not violating the U.S. Constitution when it refuses to let political party representatives register voters inside VA hospitals and care facilities. Preminger v Peake, 08-15714. The decision depends on the fact that VA facilities are nonpublic fora. The particular VA hospital in question, in Palo Alto, California, permits non-partisan groups such as the League of Women Voters to enter in order to register voters. One of the plaintiffs in this lawsuit might have been able to continue registering voters (because he had been admitted) but he was told to leave because he was wearing a “Kerry for President” button (this case originated in 2004).
According to the West Virginia Secretary of State, petitions for Libertarian Party candidate Bob Barr fell short. He turned in 13,036 of the 15,118 required by state law.
The Barr campaign website says a lawsuit will be filed on Tuesday and they will continue to collect signatures to exceed 20,000. The basis of the lawsuit will in Anderson v. Celebrezze. The LP objects to the “arbitrary date” established by state law for having petition drives completed. Republicans don’t have to officially file until their convention ends in September, so there’s no compelling reason to have independents submit signatures sooner. The Secretary of State’s spokesperson said it was unclear if county clerks will continue to verify signatures on Barr petitions.
Independent Ralph Nader has been certified for the ballot in West Virginia, and Constitution Party nominee Chuck Baldwin submitted 21,704 signatures, which should be sufficient. Cynthia McKinney is on the ballot under the Mountain Party, which has affiliated with the Green Party nationally.
