Biden Doesn't File in Oklahoma Presidential Primary

Oklahoma’s presidential primary filing ended on December 5. Candidates were required to pay $2,500. Eleven Republicans and seven Democrats filed. The most notable candidate who didn’t file was Joe Biden.

Republicans who filed are Jerry Curry of Haymarket, Virginia; Daniel Gilbert of North Carolina; and the candidates who have been generally getting on presidential primary ballots: Rudy Giuliani, Mike Huckabee, Duncan Hunter, Alan Keyes, John McCain, Ron Paul, Mitt Romney, Tom Tancredo, and Fred Thompson.

Democrats who filed are Jim Rogers of Midwest City, Oklahoma; and these candidates who have generally been getting on primary ballots: Hillary Clinton, Chris Dodd, John Edwards, Dennis Kucinich, Barack Obama, and Bill Richardson.

Biden Doesn’t File in Oklahoma Presidential Primary

Oklahoma’s presidential primary filing ended on December 5. Candidates were required to pay $2,500. Eleven Republicans and seven Democrats filed. The most notable candidate who didn’t file was Joe Biden.

Republicans who filed are Jerry Curry of Haymarket, Virginia; Daniel Gilbert of North Carolina; and the candidates who have been generally getting on presidential primary ballots: Rudy Giuliani, Mike Huckabee, Duncan Hunter, Alan Keyes, John McCain, Ron Paul, Mitt Romney, Tom Tancredo, and Fred Thompson.

Democrats who filed are Jim Rogers of Midwest City, Oklahoma; and these candidates who have generally been getting on primary ballots: Hillary Clinton, Chris Dodd, John Edwards, Dennis Kucinich, Barack Obama, and Bill Richardson.

Nader 2004 Hawaii Federal Ballot Access Case Finally Gets Hearing

In 2004, Ralph Nader as well as the Constitution Party both challenged Hawaii ballot access laws in federal court. The lawsuit alleged that it is not even rational for Hawaii to require five times as many signatures for an independent presidential candidate, as for an entire new party.

This is especially true in Hawaii, where new parties must nominate by primary. When a new party qualifies in Hawaii, the state must print up separate primary ballots for it.

For years, the federal court in Hawaii has been postponing this case, waiting for the State Supreme Court to issue a ruling in a related case also filed by Nader and the Constitution Party. But the federal court is tired of waiting for the State Supreme Court, and has set a hearing on March 4, 2008. The case also challenges petition-checking procedures in Hawaii.

Nader Rebuttal Brief Filed in Bank Account Case

On December 5, Ralph Nader filed this response brief in Serody v Nader, the case over whether his bank in the District of Columbia should be required to give about $80,000 of Nader’s money to the people who challenged his petition in Pennsylvania in 2004.

The rebuttal brief is only 10 pages. Nader had already pointed out to the D.C. court that the Pennsylvania court order should not be blindly accepted, because the proceedings before the Pennsylvania Supreme Court had been tainted. Nader had earlier alleged to the D.C. court that the attorneys for his opponents had close ties to various members of the Pennsylvania Supreme Court that had not been revealed.

The response by Nader’s opponents had been to confirm the truth of Nader’s charges, but to say that no law had been broken. The recent Nader response points out that legality is not the point. Judicial ethics rules require attorneys to reveal connections between themselves and the judges hearing their case.

FEC Files U.S. Supreme Court Brief in "Millionaires' Amendment" Case

On December 4, the Federal Election Commission filed a brief with the U.S. Supreme Court in Davis v FEC. Here is a copy of the FEC brief.

In October 2007, Democratic U.S. House candidate Jack Davis had asked the U.S. Supreme Court to hear his challenge to the part of the McCain-Feingold law called the “millionaires’ Amendment.” That law says if a candidate for Congress spends at least $350,000 of his own money on his own campaign, then his or her opponents may receive vastly greater contributions from individuals.

Davis is a Democrat who ran for Congress from New York in 2006 and who was narrowly defeated. Since Davis had contributed more than $350,000 to his own campaign, his Republican incumbent opponent has taken advantage of the “Millionaires” law to receive campaign contributions from individuals in excess of the normal limit. Davis had then challenged the law, but had lost in a 3-judge U.S. District Court. He argues that since the U.S. Supreme Court has said that the only permissible reason for campaign contributions limits is to prevent corruption or the appearance of corruption, the Millionaires’ law cannot stand.

The FEC argues that Davis doesn’t have standing. It also defends the idea that campaign finance limits are also for the purpose of “equalizing resources.” Finally, the FEC cites many cases which upheld laws that hobble candidates who fund their own campaigns. However, all the cases the FEC mentions involve situations in which public funding is in place. There is no public funding for Congressional candidates, so that FEC argument is not very persuasive.