Indiana Decision Expected in Five Days

On July 25, a hearing was held in Indiana state court over whether the nominee of a new party can be disqualfied from the November ballot, because he voted in a major party primary. The case concerns Mark Herak’s attempt to be on the November ballot for city council in Highland, Indiana, as the nominee of the “Highland First Party.” All cities and towns in Indiana have partisan elections. Herak’s petition was not challenged, but his ballot status was challenged because he had voted in the Republican primary. No Indiana law says independent or new party candidates must not have voted in a major party primary.

The judge said he would rule in five days. The case is Herak v Lake County Election Board, in Lake County Circuit Court.

No Recount for Georgia Special Congressional Election

On July 25, Jim Whitehead said he will not ask for a recount in the July 17 special election for Georgia’s US House seat, 10th district. The final results are Paul Broun 23,529; Jim Whitehead 23,135. Both are Republicans. They placed first and second in the first round on June 25. However, on June 25, Whitehead had 23,555 votes and Broun only had 11,208. Broun won by appealing to Democrats and independents.

Prohibition Party Internal Dispute Court Hearing

The Delaware County, Pennsylvania, Court of Common Pleas will hold a hearing on August 22, over which set of national Prohibition Party officers is entitled to receive the party’s annual bequest. The hearing is at 10 am in Media, Pennsylvania. Back in 1930 or so, a wealthy supporter of the Prohibition Party had died and arranged his will so that the party would receive an annual payment. The case is In Re: Residuary Trust Under Will of George L. Pennock for the Benefit of the Prohibition Party, no. 114-1937.

US Senate Expected to Vote on Utah-DC Bill Before August 6

Backers of the bill to expand the size of the U.S. House of Representatives expect to get a vote in the U.S. Senate before August 6. The bill in the Senate is S1257. The House version, HR 1906, passed the House several months ago. The bill would give D.C. a voting representative, and also give another seat to Utah. If the bill were signed into law, one of the little-noticed defects in the Electoral College would be cured. Ever since 1961, there have been an even number of votes in the electoral college. This makes a tie much more likely than if there were an odd number of electoral college votes. But the bill would restore an odd number of electoral votes immediately. Utah would gain an electoral vote, but D.C. wouldn’t, since the 23rd amendment limits D.C. to 3 electoral votes (as long as any state is so low in population that the lowest-population state also just has 3 electoral votes).