Nebraska Petitioning on Public Property Lawsuit Settled Favorably

On June 8, 2007, a federal lawsuit on the subject of where circulators may work was successfully settled. The cities of Grand Island and Omaha issued memos to their employees saying, “Petition signature gathering is permitted on the exterior areas of library property, including the connecting walkways.”

The city of Lincoln issued a memo to its employees, saying “All city departments may have contact with people exercising various First Amendment rights, including, but not limited to, petition signature gatherers. Please be aware that the First Amendment allows a great deal of latitude to people exercising their First Amendment rights.”

Douglas County issued a memo letting people petition in the common exterior areas of the County Hall of Justice and Civic Center Complex.

This case, Groene v Seng, 4:06cv3153, had been filed in 2006. The various governmental departments paid attorneys fees of $100,000 and settled the lawsuit with no need for a judicial opinion.

Michigan Presidential Primary Bills Advance

On July 18, the Michigan Senate Campaigns & Elections Committee passed both SB624 and SB625. They both set up presidential primaries in which voters would need to request a primary ballot, and each party would receive a list of voters who had chosen that party’s primary ballot.

This is a change from past Michigan presidential primaries, in which voters decided in the secrecy of the voting booth which presidential primary to vote in. In recent years Democrats have not even held a presidential primary in Michigan, because national party rules forbid that type of presidential primary.

SB624 and SB625 are identical, except that SB624 sets up a January 29 primary date, whereas SB625 sets up a February 5 date. However, both bills give the two major parties flexibility to move the date of the presidential primary, if they both agree. Also, both bills make it more difficult for a party to qualify for its own presidential primary. Existing law provides a presidential primary for any party that got 5% of the vote for president in the last election, in the entire U.S. These bills change that to 25% within Michigan.

Woodbury County, Iowa, Will Hold Presidential Primary in August 2007

Woodbury County (Iowa) Auditor Pat Gill says that the county will hold a presidential primary at the county fair, August 1-5, 2007. Mr. Gill is not available for questions on July 18. The obvious question for him (which no one else in that office can answer) is how the county will decide which candidates to list on the ballots. It is hoped he will be available on July 19 to answer this question. The state of Iowa has never held a presidential primary, so obviously nothing in the state election code can deal with this question. UPDATE: Woodbury County will list the 8 Democrats who have participated in debates this year, and the 10 Republicans who have participated in debates this year, on its presidential primary ballots. Also, for the Republican ballot, the county will include Fred Thompson, and will probably delete Jim Gilmore.

Nader Arizona Case Likely to be Argued in 9th Circuit in October

The 9th circuit is likely to hear Nader v Brewer in October 2007. This is the case over whether Arizona’s early June petition deadline is too early for independent presidential candidates, and whether it is unconstitutional for a state to ban out-of-state petitioners for independent presidential candidates.

Other 2004 Nader ballot access cases that are still pending are in Ohio (over whether the state may require circulators to be registered voters), and in Hawaii (over whether the state’s petition-checking procedures violate due process, and also over whether it is constitutional for a state to require 6 times as many signatures for an independent presidential candidate as for an entire new party).