Delaware House Passes Restriction on Candidacy

On June 21, the Delaware House of Representatives passed HB 61 by 35-5. It says that no one may appear on the ballot for any office unless he or she files an oath that his or her income taxes and property taxes are paid up (or that the candidate has received an extension). The oath must also say that the candidate is not delinquent in child support payments.

The bill does not exclude candidates for federal office. It is therefore unconstitutional, as applied to federal candidates, under the U.S. Supreme Court decision U.S. Term Limits v Thornton. That decision, issued in 1995, says states may not add to the qualifications listed in the U.S. Constitution. Even felons have a right to run for federal office while they are in prison.

3-Way General Election Poll

On June 21, SurveyUSA released a poll of hypothetical general election presidential match-ups, including Mike Bloomberg, for 16 states. The entire survey included 500 voters in each of the 16 states, or a total of 8,000 voters. Every combination for these five major party candidates was tested: Hillary Clinton, Barack Obama, Rudy Giuliani, Fred Thompson, and Mitt Romney. The poll is here. Bloomberg’s highest showing was 29% in New York state if the major party nominees were Romney and Obama. The results in general show a likely Democratic Party win, in a 3-way race.

Nader Wins Maryland Ballot Access Case

On June 21, the Maryland State Court of Appeals (the highest state court in that state) struck down a Maryland law that says if someone from “County A” signs a statewide petition that is supposed to be just for residents of “County B”, that the “County A” signature is invalid. The case is Nader v Maryland State Board of Elections, no. 76-Sept 2004 term. The vote was 4-3.

This is the first time any court has ever ruled that a signature must be considered valid, even if it is on the wrong petition. The fact that the state has a list of all the registered voters in the state was the key fact. Under the Help America Vote Act, all states are required to keep a centralized list of all the voters in that state. This decision may be influential for other states in the future. Thanks to Doug McNeil for this news.

Nader had filed this lawsuit in 2004. The State Court of Appeals at that time had issued a one-sentence order putting him on the ballot, which meant that the court thought the law was probably unconstitutional. However, there was no guarantee that when the court finally issued its opinion, that it would come to this conclusion. There have been times when a court issued an injunction putting a candidate or a party on the ballot, but by the time they actually wrote the opinion, they came to a different conclusion and upheld the law that had been enjoined.

Unity08 Now Has 75,000 Participants

According to a news story about Unity08 carried in the June 21 issue of The Politico, Unity08 now has 75,000 participants. In other words, 75,000 individuals have signed up to vote in Unity08’s proposed on-line national convention next June. See here for the story. The story also quotes Gerald Rafshoon, one of the founders of Unity08, as saying that the bulk of Unity08 activists and members seem to oppose present U.S. policy in Iraq. As far as is known, this is the first time leaders of Unity08 have even hinted at Unity08’s leanings regarding U.S. policy involving Iraq.