9th Circuit May Release Lemons v Bradbury on August 1

The 9th circuit heard oral argument in Lemons v Bradbury, 08-35209, on July 8, 2008, on an expedited schedule. The case concerns whether a voter has a due process right to have his or her signature counted on a petition. The lawsuit concerns a referendum submitted this year in Oregon. The attorneys for the state had asked the panel to rule on or by August 1. Since the decision hasn’t come down yet, it seems somewhat likely that it will be on August 1. The 9th circuit issues opinions at 10 a.m., Pacific time.

Massachusetts National Popular Vote Bill

The Massachusetts Senate passed the National Popular Vote Plan bill on the evening of July 30, by a voice vote. The bill is H 4952. However, the bill still isn’t completely through the legislature until both houses vote to transmit the bill to the Governor. That is expected to happen on July 31, the last day of the legislative session.

Barr and Baldwin Making Huge Effort for West Virginia

West Virginia and North Carolina are tied for having the nation’s second-highest presidential petition requirements (each requires a petition of 2% of the last vote in a presidential election year). Only Oklahoma is worse, at 3% of the last presidential vote.

Both the Libertarian and Constitution Parties are making a massive effort to finish their West Virginia petitions, which are due August 1. This newspaper story about the Libertarian petition says 40 to 50 circulators are working in the state. The story doesn’t feature the Constitution Party, but it also has many circulators in the state this week.

West Virginia was one of 4 states in which Ron Paul didn’t get on the ballot in 1988, when he was the Libertarian nominee. The Constitution Party has never been on the West Virginia ballot for president, but the party has more organizational strength now than it has ever had. In 2000, its presidential nominee, Howard Phillips, was only credited with 23 write-ins in West Virginia, but its 2004 presidential candidate, Michael Peroutka, was credited with 82 write-ins in West Virginia.

Nader did his West Virginia 2008 petition earlier in the year, collecting 30,000 signatures, double the requirement. The Green Party’s affiliate in West Virginia, the Mountain Party, has been ballot-qualified starting in 2000.