North Carolina Voters File Federal Lawsuit Against U.S. House District Boundaries

Posted on by December 4, 2023
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On December 4, some North Carolina voters filed a federal lawsuit against the state’s new U.S. House districts, which had only been finalized in October 2023. Williams v Hall, m.d., 1:23cv-1057. The lawsuit argues that the new boundaries violate the Voting Rights Act and diminish the ability of Black voters to elect candidates of their choice. Here is the Complaint.

As with other such lawsuits, a three-judge court will probably be convened. If this case wins, or even if it appears likely to win, there will be an opportunity for any independent candidate for U.S. House in North Carolina to file a lawsuit, arguing that the number of signatures should be reduced because the normal petitioning period will not be available. Such lawsuits have won in Alabama, Florida, Georgia, Illinois, and Montana.

December 4 is also the first day for North Carolina primary candidates to file for the March primary.

Albany, New York Daily Newspaper Urges Governor Kathy Hochul to Veto Bill that Moves Most Local Elections from Odd Years to Even Years

Posted on by December 4, 2023
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The Albany Times-Union, the daily newspaper for Albany, New York, here asks New York Governor Kathy Hochul to veto S3505B/A4282B. These are the identical bills that move most New York state local partisan elections from November of odd years to November of even years. The bill has no effect on New York city elections, which would continue to be in odd years.

The legislature passed these bills on June 9, and still hasn’t sent them to the Governor. New York’s legislature commonly waits months after passing a bill to send that bill to the Governor. That is considered a courtesy to the Governor, because it gives the Governor much more time to decide whether to sign the bill. After the bill is sent to the Governor, the Governor must act quickly. Thanks to Joe Burns for the link.

South Africa Constitutional Court Strikes Down High Petition Requirements for Independent Candidates for Parliament

Posted on by December 4, 2023
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On December 4, the highest court in South Africa struck down the petition requirements for independent candidates for the national parliament, a petition of 15% of the voters. The court said there isn’t time to expect the national legislature to change the law, so it ruled that 1,000 signatures will be needed for the upcoming election. See this story.

Originally South Africa did not have provision for independent candidates at all, but some years ago the same court ruled that independent candidates must be permitted. South Africa has been using proportional representation starting in 1994, the year in which free elections started.

Robert F. Kennedy and Others File Lawsuit Against Utah’s Ludicrous Independent Presidential Petition Deadline of January 8

Posted on by December 4, 2023
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On December 4, independent presidential candidate Robert F. Kennedy, Jr., and some supporters filed a federal lawsuit against the Utah independent presidential petition deadline of January 8, 2024. Maxfield v Henderson, 4:23cv-112. Here is the motion for injunctive relief.

In 1983 the U.S. Supreme Court ruled in Anderson v Celebrezze that independent presidential petition deadlines cannot be as early as March. In the wake of that decision, lower courts struck down deadllines in April, May, and June. In 1987, there was a moment at which every state had a means for an independent presidential candidate to get on the ballot in July, August, or September.

But during the years since, many states have moved their deadlines to earlier dates. But Utah is the most extreme. In 2022 the legislature moved the deadline from August to early January. And the Utah deadline realistically is in December, because January 8 is the deadline for the counties to have checked the signatures, which means they must be submitted in December.

In 1984, Lyndon LaRouche sued Utah over its April 15 deadline, and the state admitted it could not defend its deadline, and moved it to September, later moving it to August.

Ohio Secretary of State Says His Office Will Finish Checking No Labels Party Petition by July 2024

Posted on by December 4, 2023
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This Cincinnati Enquirer article about minor party and independent presidential candidates in Ohio quotes Frank LaRose, Ohio Secretary of State, as saying his office will have finished checking the validity of the No Labels party petition “by July 2024.” The petition was submitted in the spring of 2023. It is unparalleled that any state take so long to check the validity of a petition for political party recognition.

The requirement is 40,345 valid signatures. The last time any group did the party petition in Ohio was 2018, when the Libertarian Party qualified. The state checked that petition in a matter of weeks.