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West Virginia Supreme Court Refuses to Hear Libertarian Ballot Access Case

Posted on February 22, 2007 by Richard WingerFebruary 22, 2007

On February 20, the West Virginia Supreme Court refused to hear McClure v Manchin, the Libertarian Party’s 2004 lawsuit against the May petition deadline for non-presidential petitions. As a result, all minor parties are stuck with a system in which all the party’s nominees can be listed on a single petition, but that petition is due in May. The presidential petition is due in August. But the two separate deadlines means that a party can’t do a petition for all its nominees if it relies on the August deadline.

The lower court decision in this case was very unthoughtful. The lower court ruled that the state needs all that time to check the petition. That is obviously not true, because the state has no trouble checking presidential petitions that are due in August.

D.C.-Utah Bill Likely to Advance Soon

Posted on February 22, 2007 by Richard WingerFebruary 22, 2007

HR 328, the bill in the U.S. House of Representatives to give a new seat to Utah and a seat to the District of Columbia, is likely to get a vote in the House in March, according to an item in the Washington Post of February 22. Although a recent analysis by the Congressional Research Service says the bill is unconstitutional, there are other legal experts who say it is constitutional. Ken Starr is one of those experts. Anyway, Congress may feel that the constitutionality issue can’t be decided unless Congress passes the bill. Federal courts can’t issue advisory opinions; they can only act if the bill passes and someone sues to overturn it. Proponents of the bill depend on Article One, sec. 8, which says, “The Congress shall have power to exercise exclusive Legislation in all cases whatsoever over such District.”

Georgia Special Congressional Election Likely on June 19

Posted on February 22, 2007 by Richard WingerFebruary 22, 2007

Georgia will probably not hold its special congressional election in the 10th district (to replace Charlie Norwood) until June 19. A previous posting on this site was incorrect when it said the election had to be no later than March 25.

The reason for the delay, is that several Georgia state legislators want to run for the seat, and under Georgia law, if they file as candidates, they must then resign from the legislature. Delaying the election until June 19 will enable these legislators to continue in office for most of this year’s legislative session.

Honolulu Will Let Voters Vote on Internet

Posted on February 22, 2007 by Richard WingerFebruary 22, 2007

Honolulu, Hawaii elects non-partisan neighborhood board members in odd years. This year, voters will be able to vote on the internet for this low-profile office. The city elections department is working with Commercial Data Services Inc., a company that has more than 18 years experience in providing secure online data services. Thanks to Thad Hall for this news.

West Virginia Ballot Access Improvement Bill Introduced

Posted on February 21, 2007 by Richard WingerFebruary 21, 2007

On February 20, eight West Virginia legislators introduced HB 3144, to move the petition deadline for unqualified party and independent candidates from May to August. The presidential petition deadline is already in August, so the bill would change petition deadlines for office other than president to match the presidential petition deadline. The chief sponsor is Delegate Barbara Fleischauer, who is the wife of Law Professor Bob Bastress. Bastress has done virtually all of the ballot access litigation in West Virginia for 26 years, and has won many cases. He currently has a case pending in the State Supreme Court on the constitutionality of the May petition deadline.

The bill’s other Democratic sponsors are Alex Shook, Linda Longstreth, Bonnie Brown, Danny Wells, Barbara Hatfield, and John Doyle. The bill also has a Republican sponsor, Bill Hamilton.