All Briefs Now Filed in Kucinich Texas Presidential Primary Ballot Access Case

All the briefs have now been filed in Kucinich v Texas Democratic Party, no. 8-50038, in the 5th Circuit. Kucinich was kept off this year’s presidential primary ballot in Texas because he wouldn’t sign a state party’s oath, promising to “fully support” the eventual presidential nominee of the national Democratic Party.

Kucinich argues that since the national Democratic Party accepted him as a bona fide Democratic candidate for president (which meant that he was invited into all the party’s presidential debates), the Texas Democratic Party has no business keeping him from its presidential primary. He also points out that the oath does not really relate to loyalty to the party itself. He mentions the hypothetical that the national convention could conceivably nominate someone who himself, or herself, doesn’t uphold the party’s platform. This case is being expedited, so the hearing is likely to be in the next few weeks.

10th Circuit Expected to Hear Oklahoma Case on Out-of-State Circulators in Late September

The 10th circuit is likely to hear Yes on Term Limits v Savage in the week of September 22-28, 2008. This is the case that challenges the Oklahoma law that makes it illegal for anyone to circulate an initiative petition, unless that person is a permanent resident of Oklahoma. The case is number 07-6233.

The validity of state laws that make it illegal for out-of-state circulators to work is becoming one of the most important ballot access issues in courts this year. The 9th circuit has an Arizona case pending on the same issue.