Tennessee Lawsuit Likely to be Filed December 21

If all goes as planned, the lawsuit challenging the Tennessee ballot access law for new and previously unqualified parties will be filed in federal court on December 21. The law is so restrictive, no third party has been qualified since 1972. Tennessee is one of only two states in which no party (other than the Democrats and Republicans) has been ballot-qualified in the last 25 years, other than the Democratic and Republican Parties. The other such state is New Jersey (also, Georgia has only had qualified minor parties for statewide office, not district office).

This lawsuit should have been filed seven months ago, but the attorney who was going to do it became ill, and a new attorney had to be found.

6th Circuit Hears Case On Paying Petitioners Per Signature

On November 30, the 6th circuit heard oral argument in Citizens for Tax Reform v Deters, 07-3031. The issue is Ohio’s law, banning paying initiative and candidate petitioners on a per signature basis. The hearing seemed to go well. The three judges were Julia Gibbons and David McKeague (Bush Jr. appointees) and Eugene Siler (a Bush Sr. appointee).

Judge McKeague was especially interested in the aspect of the Ohio law that even seems to make it impossible to pay high producers a bonus. The law is somewhat ambiguous, and the attorney for the state didn’t seem willing to help the judges resolve the ambiguity.

The law had been declared unconstitutional in the U.S. District Court. The state says if it loses again, it will ask for U.S. Supreme Court review. A decision will probably come out in the first half of 2008, although occasionally these decisions take as long as a year from the hearing date.

Massachusetts Green Presidential Primary

Six names will be on the Massachusetts Green-Rainbow Party’s presidential primary ballot in February: Jared Ball, Elaine Brown, Cynthia McKinney, Kent Mesplay, Ralph Nader, and Kat Swift.

Massachusetts doesn’t require candidates in presidential primaries to file; the law says the Secretary of State should place candidates on the ballot who are mentioned in the news media. In the case of minor parties, states with laws like this generally let the state party chair decide whom to list, and this list was approved by the Massachusetts Green-Rainbow Party’s leadership.