Michigan Democrats Postpone Decision on Whether to Hold Caucus

Posted on by November 7, 2007
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On the evening of November 8, the Michigan Democratic State Executive Committee met. The party had said it would decide at that meeting whether to organize caucuses to choose delegates to the national convention. However, that item was taken off the agenda. Michigan Democrats probably want to gather more facts on whether it is possible for the legislature to cure some problems with the presidential primary.

State law requires the party to tell the state by November 14 whether it will participate in the primary.

The legislature, if it has time, could do one of 3 things: (1) repeal the presidential primary; (2) amend it to cure the legal defect on who gets to see the list of participants; (3) amend it to force all major party presidential candidates to appear.

These three possible changes are not mutually exclusive. Concerning possible change (3) above, many states automatically place presidential candidates on primary ballots if those candidates are discussed in the news media. Michigan is free to amend its law to follow this policy. The existing Michigan law permits candidates to withdraw. Barack Obama, John Edwards, and certain other Democrats withdrew from the Michigan primary because the national Democratic Party doesn’t approve of the Michigan primary date, although Hillary Clinton remained on the Michigan ballot. Thanks to Thomas Jones for this news.

Oklahoma Ballot Access Initiative Is in Jeopardy

Posted on by November 7, 2007
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The Oklahoma initiative to improve the ballot access laws hired a paid petitioning company, when it re-launched itself on October 15. The initiative needs 74,117 valid signatures by January 14.

Only 9,000 signatures have been collected, and one-fourth of the permitted time is already gone. The problem is Oklahoma’s law making it illegal for people to circulate initiatives unless they are domiciled in Oklahoma. Although there about 40 skilled circulators who live in Oklahoma, virtually all of them are now working in other states. Although the campaign has hired 200 Oklahoma residents to circulate, they are almost entirely neophytes, and they haven’t been been bringing in enough signatures. There will be a strategy session on November 8 to see if the situation can be turned around.

McKinney Will Attempt to Qualify for Primary Season Matching Funds

Posted on by November 7, 2007
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On November 5, Cynthia McKinney announced she will try to qualify for primary season matching funds. Candidates who are seeking the nomination of any political party (no matter how small) may obtain primary season matching funds if they raise $5,000 from each of 20 states. McKinney has not formally said that she is seeking the Green Party presidential nomination, but since she has actively sought to place herself on Green Party presidential primary ballots, she is a de facto candidate.

New Mexico Libertarian Party Loses Ballot Access Case On a Legal Technicality

Posted on by November 7, 2007
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On November 7, the 10th circuit ruled against the Libertarian Party’s ballot access lawsuit, for reasons having to do with court rules, not over the merits. The case is Libertarian Party of New Mexico v Herrera, no. 06-2303.

The case had been filed in 2006, after the Libertarian Party had successfully petitioned for party status. Under New Mexico law, even though the party was now ballot-qualified, it was required to submit a petition signed by 1% of the last vote cast, for each of its nominees. The U.S. District Court had scheduled a hearing to gather evidence, but had cancelled the hearing only 3 days before that hearing. The U.S. District Court had then ruled that no possible set of facts could result in the law being held unconstitutional, since in 1971 the U.S. Supreme Court had upheld petitions of 5% for independent candidates and for the candidates of unqualified parties.

The party had appealed, but the 10th circuit said that the party is not entitled to relief because it it made a procedural error. Specifically, the 10th circuit said the party’s Rule 56(f) Motion, asking for a chance to present evidence, wasn’t detailed enough. As to the merits of the case, the 10th circuit said “We need not resolve this.”

Any qualified party in New Mexico that is entitled to nominate by convention, and not by primary, is free to file a similar lawsuit in the future.

Libertarians and Greens Win Significant Non-Partisan Elections

Posted on by November 7, 2007
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On November 7, 2007, Libertarian members won these significant non-partisan elections: Bill Lynn to the Davenport, Iowa Board of Alderman; Rob Oates to the Caldwell, Idaho, city council; Mark Owen to the Owasso, Michigan city council; Andy LeCureaux to the Hazel Park, Michigan city council; Mark Byrne to the Port Huron, Michigan city council; David Eisenbacher to the Troy, Michigan city council; T. J. Rohr to the Lenoir, North Carolina city council; Henry Boschen to the Roxobel, North Carolina town council. UPDATE: also, Ruben Perez was elected to the San Antonio River Authority.

Green Party members won these significant non-partisan elections: John Anton to the Portland, Maine city council; Luc Schuster to the Cambridge, Massachusetts school committee; Chuck Turner to the Boston, Massachusetts city council; Dan Robinson to the Takoma Park, Maryland city council; Larry Bragman and Lew Tremain to the Fairfax, California city council; Chris Simmons to the Loudon County, Virginia soil and water conservation board.