On September 22, the 6th circuit issued a four-sentence opinion, denying injunctive relief to Charlie Morrison, who wanted to run as an independent candidate for US House in Ohio’s 15th district. He had enough valid signatures, but had voted in the Republican primary this year and had run for Republican Party county committee. Therefore, he had been denied a spot on the ballot on the grounds that he isn’t truly independent. Ohio does not have registration by party, and the law is vague about who may or may not qualify as an independent. Morrison v Colley, 06-4216. The court said a longer opinion will be issued later.

Frank McKay, state chair of the New York Independence Party, and a foe of Lenora Fulani and her allies, has sent postal letters to the several thousand newly-elected Independence Party county committee members. As noted previously, the Fulani forces had recruited thousands of people to run for these Independence Party positions in New York city. A county organization that has elected committee members from a majority of precincts in that county cannot be dissolved by the state leadership of the party.

The McKay letter congratulates the newly-elected member, and then suggests that now the newly-elected member is obliged to do volunteer work for the party, ringing doorbells and doing other work. The letter also suggests that if the newly-elected member does not wish to do this work, he or she may return a form in the enclosed self-addressed stamped envelope, declining membership.

It is not yet known if this tactic will prevent the New York city county organizations from retaining enough members to be safe from dissolution.

Two significant election law changes made some time ago have just come to my awareness…South Dakota banned fusion in 1999, and no one who cares about this seems to have known about that. Also, in 2001, Vermont lowered the petition requirement for independent candidates for all statewide office (except president) from 1,000 signatures, to 250 signatures. It is not known why this happened.