Indiana Independent Candidate Wins Ballot Access Lawsuit

On August 2, a local state court in Lake County, Indiana, restored Mark Herak to the November ballot. He is an incumbent member of the city council, running for re-election. This year he decided to run as an independent, under the label “Highland First Party.” The County Board of Elections removed him from the November 2007 ballot, even though his petition was sufficient, because Herak had voted in this year’s Republican primary. However, nothing in Indiana election law says an independent candidate must not have voted in a primary. There will probably be no appeal.

Idaho Responds to Republican Lawsuit on Open Primary

On August 3, the state of Idaho responded to the lawsuit filed by many Republican activists last month. The activists, including some state legislators and many state party officers, filed the lawsuit to obtain a closed primary for the Republican Party.

The state’s response says that the Idaho Republican Party itself did not file the lawsuit, and uses that point to argue that the lawsuit should be dismissed. The state chair of the Idaho Republican Party does not agree with the lawsuit. The case is 07-299, U.S. District Court.

Iowa Petition for Voter Registration Rights Displayed

Here is the Iowa petition, by which an unqualified party in Iowa can obtain the ability to be mentioned on the voter registration form, in the part of the form that asks which party the voter is joining. The particular petition shown is the Iowa Green Party’s petition. It needs 850 signatures. No other state has ever had a procedure whereby an unqualified party can obtain the ability to be mentioned on a voter registration form, by petition.

Previous posts on this page, and in the written newsletter Ballot Access News, about the Iowa procedure, have said that the parties that submit this petition must be written in on the voter registration form. However, those previous writings were in error. Parties that comply with the 850-signature petition will actually be listed on the form. Thanks to Holly Hart for this news.