South Carolina Working Families Party US Senate Nominee Loses Democratic Primary by 983 Votes

The South Carolina primary (for office other than president) was held on June 10. In the Democratic primary for U.S. Senate, the results are: Bob Conley 73,773; Michael Cone 72,790. All of the votes have been counted except some absentee and provisional ballots.

In May, Cone had been nominated by the Working Families Party as its US Senate candidate. The WFP had been hoping that Cone would also get the Democratic nomination. Now Cone will need to decide whether to remain on the general election race as the WFP nominee, even though he didn’t get the Democratic nomination.

Oregon Republican Attorney General Primary Won by Democrat

An earliest post said that the Oregon Republican primary on May 20 had no candidate listed on the ballot for Attorney General, and that write-in votes would determine the Republican nominee. It appears now that the person who got the most write-ins in that primary was the Democratic nominee, John Kroger. Kroger will accept the Republican nomination, and thus block the Republican Party state committee from choosing someone to fill the vacancy.

Highest State Court in New York Rules in Favor of State Political Parties and Against Their Local Organizations

On June 10, the New York State Court of Appeals issued two opinions, both boosting the power of state party organizations to centralize power in those state organizations. One case concerned the Working Families Party; the other concerned the Independence Party. The Working Families decision is 8 pages long and can be seen here

The Independence Party decision is only 3 pages and mostly defers to the Working Families Party decision for an explanation. In the case of the Working Families Party, the case was a fight between the state organization and the Suffolk County organization, over which body should have the power to decide whether to let outsiders run in the party’s primary. The Independence Party lawsuit is similar, and was between the state organization and the New York city branches. The Independence Party decision does concede that the New York city branches do have statutory authority to decide whether to let outsiders run in the party’s primary for the 3 citywide offices (Mayor, Public Advocate and Comptroller). But for all other city offices, such as city council, the state organization may keep the decision-making power in its own hands. Thanks to Bill Van Allen for this news.

Republican Oregon Nomination for Attorney General to be Determined by Write-in Votes at Primary

No one appeared on the Oregon Republican primary ballot on May 20 for Attorney General. As a result, Oregon election officials must count and canvass all write-ins for that race. The press says that there were approximately 12,000 write-ins in that race. Unlike most states, Oregon does not have a procedure by which a write-in candidate must file a declaration of write-in candidacy in advance of the election, so that only write-ins for such declared candidates must be counted. Oregon formerly had such a provision, but repealed it in 1995.

It is taking so long to count the write-ins, that the results are not known yet. The Secretary of State’s office says the job may be done by June 17. Whoever gets the most write-ins will be offered the nomination. That person is then free to accept, or decline. If Kevin Mannix, a well-known Republican politician, receives the most write-ins, he will probably accept. He is a former state legislator and someone who has organized many initiatives. He was on the ballot for U.S. House in the May 20 primary, in the 5th district, but he lost that primary. But that won’t stand in the way of his being nominated by write-in votes for Attorney General, if indeed he received the most write-ins. Oregon has no threshold number of write-ins that the winner of a primary must receive in order to be nominated. Whomever gets the most votes, is the nominee.

Ohio Asks for More Time to File U.S. Supreme Court Brief in Case Over Paying Petitioners per Signature

On March 5, 2008, the 6th circuit ruled that Ohio cannot constitutionally ban the practice of paying circulators on a per signature basis. Citizens for Tax Reform v Deters, 518 F 3d 375. Ohio wants to take this case to the U.S. Supreme Court. The state’s request to the U.S. Supreme Court would have been due on June 5, but the state has asked the Court for an extension of time to August 5. That extension has been granted.

The U.S. Supreme Court has twice ruled that the First Amendment protects the right to circulate a petition. In 1988 it ruled that states cannot ban paying circulators, and in 1999 it ruled that states cannot require circulators to be registered voters. In both cases, the issue concerned initiative petitions. The conservative justices on the U.S. Supreme Court, as well as the liberal justices, seem to be pro-initiative.