Another Intra-Reform Party Lawsuit Filed

On November 13, Rodney Martin (national chair of one faction of the Reform Party) filed a federal lawsuit against national officers of one of the other factions of the Reform Party. The case is Martin v Byrne, 3:07-cv-5747, filed in San Francisco. The complaint says the Northern District of California is the proper venue for this lawsuit because Martin (of Yuma, Arizona) has a second home, and a business, in northern California. Martin’s lawsuit alleges that the Charles Foster (“Dallas”) faction of the national Reform Party has been spending money on attorneys, but concealing this fact by channeling it through several business corporations. The lawsuit also sues the attorneys for the Foster faction.

U.S. Supreme Court Accepts Another Election Law Case

On November 20, the U.S. Supreme Court agreed to hear Riley v Kennedy, no. 07-77. This is an appeal brought by Alabama Governor Bob Riley, to overturn a U.S. District Court 3-judge ruling that denied him the ability to appoint a replacement county commissioner. The lower had court said there should be a special election to fill the vacancy.

The issue is complicated and involves the interaction of the federal Voting Rights Act (especially the pre-clearance part of that law) with any state’s State courts. The case is even more complicated because the legislature had changed the law a few years ago on how to handle vacancies in county commissions. The case is not about the virtues of holding special elections versus the virtures of filling vacancies by gubernatorial appointment.

New Florida Lawsuit Over Primary Date

On November 20, a new lawsuit was filed in Florida concerning that state’s January 29 presidential primary. Ausman v Browning, in Leon County circuit court, no. 2007-ca-3233, charges that the presidential primary date is unconstitutional. The case was filed by a Florida Democratic State Committeemember and various other Democratic and Republican voters. It argues that the state is responsible for depriving Florida major party members of a meaningful vote in presidential selection. The case argues that a state political party has the right to a presidential primary date that won’t disenfranchise its voters. The case would be stronger if the Florida Democratic (or Florida Republican) Parties were co-plaintiffs.

The legal approach of this new lawsuit differs from the two cases already pending in federal court against the Florida primary date. Those cases blame the national Democratic Party for disenfranchising Florida Democrats. One of them also blames the state Democratic Party as well. The national Democratic Party is depriving Florida Democrats of all of their national convention delegates, and the national Republican Party is depriving Florida Republicans of half of their delegates, because both national parties feel the Florida presidential primary is too early. This lawsuit asks that the Florida presidential primaries be postponed to a date that is acceptable to the national parties.

Alabama Ballot Access Case Soon to be Before U.S. Supreme Court

Swanson v Alabama Secretary of State, the ballot access case filed in 2002, will soon be before the U.S. Supreme Court. The cert petition will be filed in a week. Printing costs are being born half by the Center for Competitive Democracy, and half by the Coalition for Free & Open Elections (COFOE). Thanks to all of you who have contributed to COFOE over the years.

The case challenges the 3% petition (for all new party and independent candidates, except for presidential independents) combined with the early June petition deadline.

Michigan House Won't Meet on November 20

The shrinking hopes for a Michigan presidential primary shrank even more on November 19. Michigan State House leaders decided not to meet on November 20. This dooms the bill that would have tinkered with the presidential primary to make it feasible.

The only slight chance for a presidential primary would be for the State Supreme Court to accept the state’s appeal in the Grebner lawsuit, and reverse the lower courts, on the issue of whether it is constitutional for the government to furnish the list of primary participants to the two major parties, and no one else.

But since the State Supreme Court didn’t accept the case on November 19, and since the decision would need to come by noon, November 21, that scenario seems unlikely.

If there is no Michigan presidential primary, the Republicans will choose their national delegates at a state convention on January 25-26. Democrats would hold caucuses, but no one knows when they would be held.