Brian Moore Wins Injunctive Relief Against Ohio Petition Restriction

On June 2, Brian Moore (Socialist Party presidential candidate) won injunctive relief from U.S. District Court in Columbus, against an Ohio law that requires independent candidate petition circulators to be registered voters in Ohio. Moore v Brunner, southern dist., 2:08cv-224.

Although the law has not yet been declared unconstitutional, while that part of the case is pending, any adult may circulate an independent candidate petition in Ohio. Ohio tried to persuade the judge that even if he issued an injunction against the registration requirement, he should still let the state bar out-of-state residents from circulating an independent candidate petition. But the judge rejected the state’s plea. Although a theoretical in-state residency requirement might be constitutional, the judge said, Ohio has no such law on the books. It only has the law requiring registration for circulators. Thanks to law professor Mark R. Brown, who is doing this case pro bono.

Nader Appeals Hawaii Decision to 9th circuit

On May 30, Ralph Nader filed a notice of appeal in his federal lawsuit against Hawaii ballot access law. This is a case filed in 2004. The two issues are whether Hawaii’s petition-checking procedures are constitutional, and whether it is constitutional to force an independent presidential candidate to collect six times as many signatures as are needed for an entire new party with its own primary. The U.S. District Court ruled against Nader on both points earlier this year.

North Carolina Poll Shows Barr at 6%

Public Policy Polling released these results on June 2, showing the North Carolina general election presidential race. They show two hypotheticals, with each Democratic possibility: John McCain 43%, Barack Obama 40%, Bob Barr 6%, undecided and other 11%; and alternatively, John McCain 39%, Hillary Clinton 34%, Bob Barr 6%; undecided and other 21%.

It isn’t likely that anyone other than the mentioned candidates will appear on the North Carolina ballot, although North Carolina permits write-ins. Thanks to Political Wire for this link.

Puerto Rico Democratic Primary Had Extremely Low Turnout

The June 1 Democratic presidential primary in Puerto Rico attracted only 387,299 voters. Puerto Rico has 2,366,667 registered voters. Normally Puerto Rican elections have a higher turnout than a typical U.S. state does. For example, in November 2004, 1,959,108 votes were cast for Puerto Rico’s non-voting Delegate to the U.S. House (Puerto Rico’s Delegate is called Resident Commissioner, and this office is elected every four years; it is not up in mid-term years).

This 16.4% turnout may have been low because Puerto Ricans who support independence promoted a boycott of the primary. On election day, 10,000 Puerto Ricans demonstrated for independence.

Puerto Rico’s Democratic presidential primary in 1980 attracted 886,280 voters. The Puerto Rican elections authorities printed 1,800,000 Democratic ballots for the June 1, 2008 primary, almost five times as many as were needed.

The poor turnout was a setback for Hillary Clinton, who had campaigned much more in Puerto Rico than Barack Obama had. She had been hoping for a massive turnout. Given her 68.4% victory in Puerto Rico, if Puerto Rico had had a huge turnout, she would have then been able to unambiguously say that she had received more popular votes in the whole country that Obama has received in the whole country. But given the low turnout, her margin in Puerto Rico was only 141,662.

Colorado Governor Vetoes Bill That Restricted Initiative Circulators

On May 30, Colorado Governor Bill Ritter, a Democrat, vetoed HB 1406. The bill would have imposed restrictions on initiative petitioners. It would have banned paid circulators who are not residents of Colorado. It also would have required paid circulators to give an accurate explanation of the initiative they are circulating. Governor Ritter said he believes it would violate the U.S. Constitution to have different rules for paid circulators than for unpaid circulators. It is very unusual for Democratic Governors to be more supportive of the initiative process than a state legislature as a whole. Generally, when bills restricting the initiative process are vetoed, it is Republican Governors who veto them. HB 1406 had been introduced in April and had passed the legislature on May 6. Thanks to Ballotpedia for this news.