Jimmy Fahrenholtz has asked the Louisiana Supreme Court to restore him to the Democratic Party primary ballot. He is running for U.S. House, 2nd district (New Orleans district). The State Court of Appeals had tied 4-4 on whether to restore him to the ballot. The lower court had removed him because it said he had signed a false statement, as to whether he had any outstanding campaign finance law fines when he had run earlier for New Orleans School Board. He argues, with considerable legal authority behind him, that candidates for Congress cannot be kept off ballots if they meet the constitutional qualifications and show a modicum of support. The case is Williams v Fahrenholtz, 2008-c-1680. The Court has not yet said if it will hear his appeal.
The July 29 issue of the Harrisburg, Pennsylvania daily newspaper, the Patriot-News, has this editorial. It calls for cancelling the costs that had been levied against Ralph Nader, from his 2004 petition challenge process. Nader has never paid the $81,102.19 that was charged to him, to pay for the costs incurred by the people who challenged his petition. Although the challengers have been trying for years to attach the money from Nader’s bank account, the bank is in the District of Columbia, and the D.C. courts have not been willing to permit the money to be attached. Peter Camejo already paid $20,000 to the challengers, however. Camejo had been Nader’s vice-presidential running mate in 2004.
Unfortunately, on July 29, the Kentucky Secretary of State retracted his ruling that the Libertarian Party of Kentucky could choose to have Sonny Landham on the November ballot as an independent candidate for U.S. Senate instead of as a Libertarian. Now the choices are either: (1) the party can submit its petition in early August and have Landham listed as a Libertarian; (2) the party can submit its petition in the middle of August, which will mean that the petition will only be valid for president and vice-president, but not U.S. Senator (the deadline for the presidential and vice-presidential candidate is in early September, but the deadline for all other office is in early August). In that case Landham won’t be on the ballot at all.
Richard Carroll, Green Party nominee for the Arkansas state house, 39th district, still doesn’t know if he will be the only name on the November ballot or not. The Democratic Party of Arkansas had disqualified its nominee, Dwayne Dobbins, after he won the May 2008 primary. The Democratic Party took this action because Dobbins, a former state legislator, had resigned in the middle of the prior term as part of a plea bargain to avoid felony prosecution for a sexual assault on a 17-year-old girl. The only reason Dobbins won the 2008 primary was because everyone had expected his wife, Sharon Dobbins, to file for re-election. But she surprised everyone by not filing, and only Dwayne Dobbins filed, at the last minute.
Now the Democrats have been reminded that their disqualification of Dobbins would probably not be upheld in court, under a precedent from 1994 involving a Republican candidate for Attorney General who was in a somewhat similar situation. To counter that, the Arkansas House Speaker plans to propose a rule to disqualify anyone from taking office in the legislature who had previously resigned as part of a plea bargain. The legislature reconvenes August 5.
No one yet knows whether Dwayne Dobbins will sue to regain his spot on the November ballot. He may be discouraged from trying to sue, if he knows that he can’t be seated anyway. But if he does sue, and if he wins the lawsuit (which is very likely) then there would be two candidates on the November ballot after all. In any event, there is also a Democratic write-in candidate.
The Prohibition Party expects to be on the ballot for president in these six states this year: Arkansas, Colorado, Florida, Louisiana, Mississippi, and Tennessee. That is modest, but it will be the most since 1980, when it was on in eight states for president.