Pro-Paper Ballot Group Sues All 50 States

On September 11, 2007, Robert L. Schulz and many other voters filed a lawsuit in federal court, alleging that the U.S. Constitution requires reliable vote-counting methods. The lawsuit also alleges that only paper ballots, hand-counted, are truly reliable. The case is Schulz v State of New York, 1:07-cv-943-LEK, in the northern district of New York.

There have been other attempts to persuade courts to invalidate certain types of vote-counting machines, and they have generally not succeeded. Even sitting Congressman Robert Wexler’s lawsuit did not prevail. The Schulz lawsuit is somewhat notable because it is endeavoring to sue elections officials in all 50 states. There are 150 voter-plaintiffs, three from each state. For more information about this lawsuit, see www.electionguardians.org, or www.votefraud.org. Robert L. Schulz was the New York Libertarian gubernatorial candidate in 1994. In 1994 he won a lawsuit in federal court, requiring New York to give the list of registered voters to the unqualified parties on the same basis that the state provided the list to the qualified parties.

Michigan House Meets on November 26, May Alter Primary

The Michigan House of Representatives will meet on Monday, November 26, and may pass a bill that alters whose names should be on the Democratic presidential primary. If no action is taken, leading Democrats such as John Edwards and Barack Obama will not permit their names to be on the Michigan Democratic presidential primary ballot. The legislature has a bill to put contenders on the ballot automatically, unless they swear they are not running for president. If that bill passed, the list of candidates would grow.

The uncertainty over which names will be on the ballot is preventing Michigan elections officials from printing the ballots, and already the state has violated federal law by not preparing and mailing such ballots to overseas absentee voters. There is still a possibility that the Michigan Democratic Party will decide to use a caucus and cancel its primary. If a caucus is used, no one knows what the date will be.

George F. Will Column Publicizes Pending Davis v FEC Appeal

The U.S. Supreme Court has been asked to hear Davis v Federal Election Commission, 07-320. This case challenges the part of the McCain-Feingold law that gives fund-raising advantages to congressional candidates who have opponents who give more than $650,000 to their own campaigns. The November 22 syndicated George F. Will column boosts the lawsuit, and attacks that part of the McCain-Feingold law, which is commonly referred to as the “Millionaires’ Amendment”. See it here. Thanks to Rick Hasen.

Oklahoma Indictment Dismissed, but Re-Indictment Likely

The Oklahoma indictment against Paul Jacob, Susan Johnson, and Rick Carpenter, for allegedly conspiring to bring out-of-staters to circulate an initiative petition in Oklahoma in 2006, has been dismissed. However, it is likely to be re-filed. The original indictment apparently suffered from a legal flaw relating to the composition of multi-county grand juries. If there is to be a new indictment, it will be brought directly by Oklahoma’s Democratic Attorney General, Drew Edmondson.

The indictment will be weak. See this editorial in the Muskogee Phoenix of October 17, 2007, which makes the point that past initiatives in Oklahoma have used out-of-state petitioners, and that the Oklahoma Supreme Court seemed to overlook that in the past.

Washington State Presidential Primary Candidates

Washington state’s presidential primary ballot includes candidates mentioned in major news media. The Secretary of State plans to put these choices on each major party’s ballot: Republicans will be Giuliani, Huckabee, Hunter, Keyes, McCain, Paul, Romney, Tancredo and Thompson (9 names); Democrats will be Biden, Clinton, Dodd, Edwards, Gravel, Kucinich, Obama, Richardson (8 names). The list could still be altered if anyone withdraws before December 31, 2007.