On August 23, a state court in Denver heard Colorado Libertarian Party v Doty. The issue is whether qualified minor parties may nominate candidates who have not been registered into those parties for an entire year. Major parties have an exemption from the one-year rule. At the hearing, the attorney for the Libertarian Party asked to submit into evidence a letter from the Secretary of State, written in 2002. It said that it is the Secretary of State’s position that relief from the one-year duration of membership also applies to qualified minor parties. The attorney for the county vigorously tried to prevent that letter from being placed into evidence, but the Judge accepted it into evidence. He said he would rule within a week.
On August 23, a state court in Alabama ruled that the state’s laws preventing felons and ex-felons from registering to vote cannot be enforced, until the state legislature passes a law explaining the term “moral turpitude”. The State Constitution does not permit those convicted of a crime of “moral turpitude” to register. The Court ruled that the phrase is far too vague, and violates due process, unless or until the legislature passes a law defining which felonies are included in that term. Gooden v Worley, 2005-5778, Jefferson Co. Circuit Court.
On August 22, the Sonoma County Republican Party appealed the California write-in case to the State Court of Appeals. The case is Sonoma County Republican Party v McPherson, co 53443. The issue is a state law that makes it almost impossible for parties to nominate write-in candidates in their own primaries.
On August 23, a U.S. District Court in Little Rock, Arkansas, issued an injunction putting the Green Party on the ballot, and declaring the law unconstitutional. The case is Green Party of Arkansas v Daniels, 4:06-cv-758. The sole issue is the constitutionality of the law requiring signatures of 3% of the last vote cast for Governor, which was approximately 24,000 signatures. The state will probably appeal. The decision is 11 pages long.
On August 22, the California State Senate passed AB 2948, the “National Popular Vote Plan” for electing the president. The California legislature is the first legislature to pass such a bill. No one knows if Governor Arnold Schwarzenegger will sign it. The vote was 23-14; no Republican Senators voted for it.