On July 28, the Maine Supreme Judicial Court unanimously removed Herb Hoffman from the November ballot. He is an independent candidate for U.S. Senate. Maine will now be one of eight states with no one on the ballot for U.S. Senate except for the Republican and Democratic nominees.

Hoffman needed 4,000 signatures. The Maine Supreme Judicial Court ruled that all the signatures on sheets circulated by Hoffman himself should be invalidated, leaving him with only 3,929 valid signatures. It was known that three particular signers had signed the petitions (that were witnessed by Hoffman himself) while he was not actually watching the signature-gathering process. The controversy was whether to delete just those three signatures, or whether to invalidate all three entire sheets. The decision does not discuss the philosophy behind the law; it just says that since his statement that he had witnessed all the signatures gathered on those sheets was false, therefore none of his work should be counted. Here is the opinion.

On July 24, several groups that conduct voter registration drives filed a lawsuit against New Mexico restrictions. A 2005 New Mexico law made it a crime for someone to fail to turn in a completed registration form within 48 hours after it comes into his or her possession. The 2005 law also limits groups that register voters to only 50 voter registration blank forms. The lawsuit was filed by the American Association of People with Disabilities, the Federation of Women’s Clubs Overseas, New Mexico Public Interest Research Group Education Fund, and the Southwest Organizing Project. The case is American Assn. of People with Disablilities v Herrera, state court, Bernalillo County, cv 2008-07673.

Usually, laws that inhibit voter registration groups are passed by Republican state legislatures. The New Mexico law is unusual because it was passed by a Democratic-controlled state legislature, and signed by a Democratic Governor, Bill Richardson.

Alabama is almost certain to be the only state with no independent or minor party candidates on the ballot this year, for any federal or state office other than president. On July 18, an independent candidate for Governor of North Dakota began circulating his petition. North Dakota had been the only other state in which it was possible that there would be no minor party or independent candidates, but it now seems very likely that North Dakota will have DuWayne Hendrickson on the ballot as an independent for Governor, along with his running mate, Dana Brandenberg, for Lieutenant Governor. They only need 1,000 signatures, and the signatures are not due until September 5. Thanks to IndependentPoliticalReport for the news about Hendrickson.

Andy Shugart is expected to file a lawsuit on July 30 against the number of signatures needed for an independent candidate to get on the ballot for U.S. House from Alabama’s 6th district. Alabama is the only state which requires an independent candidate for U.S. House to obtain more signatures than an independent candidate for president. In 1979 the U.S. Supreme Court ruled in Illinois State Board of Elections v Socialist Workers Party that it is unconstitutional for a state to require more signatures for a candidate running for an office that covers just part of the state, than that same state requires for an independent candidate running for statewide office. Alabama requires 5,000 signatures for an independent presidential candidate, but requires an independent in the 6th district to submit 6,155 signatures.