New Hampshire Court Upsets Alphabet Plan

On September 28, a lower New Hampshire state court invalidated the Secretary of State’s plan for a fairer order of candidates on the ballot. Back in August, the State Supreme Court had ruled that all candidates must have an equal chance for the best spot on the ballot. This affected the order of party columns, and it also affected the order of candidates’ names, in multi-winner districts (some New Hampshire state house districts elect as many as 9 representatives).

Since the New Hampshire legislature did not pass any new law on the subject of ballot order, the Secretary of State had proposed that the old alphabetical listing should be altered, in this fashion: he would randomly choose a letter of the alphabet. For this year’s general election, he chose “k”. Then, he proposed that all candidates with a surname starting with “k” should be listed first, but after that, the normal alphabet would again prevail, so that candidates with surnames starting with “a” would follow the candidates whose surnames start with “k”.

The lower state court ruling said that plan isn’t good enough, because it still leaves candidates with surnames at the beginning of the alphabet better off than candidates with surnames at the end.

Schwarzenegger Vetoes Electoral College Bill

California Governor Arnold Schwarzenegger vetoed AB 2948 on Saturday, September 30. This is the bill that would have authorized California to join a compact with other willing states. Once states containing a majority of electoral votes had signed the compact, these states would pledge to appoint presidential electors pledged to the national popular vote winner.

Strange Florida Law on Late Vacancies

On September 29, Florida Congressman Mark Foley resigned his seat and withdrew as a candidate for re-election, even though he had won the Florida Republican primary on September 5. Under Florida law, his name will remain on the November ballot. However, if the voters elect him, the actual winner will be the individual (whose name was not on the ballot) chosen by the Republican Party’s district 16 committee. A Republican state legislator, Joe Negron, has already declared he wants that nomination.

Nader Sues Ohio over Restriction on Who can Circulate

On September 29, 2006, Ralph Nader filed a lawsuit against Ohio’s law that requires circulators to be registered voters. The Ohio law on this subject is clearly unconstitutional, because in 1999 the U.S. Supreme Court had ruled that states cannot require initiative circulators to be registered voters. Nader v Blackwell, 2:06cv821. The case is not moot because Nader (who was injured by this law in 2004) is suing for damages (of $1).

An earlier lawsuit filed by Nader supporters in 2004 did not ever get a substantive ruling, because the judge refused to rule, on the grounds that some of Nader’s circulators had been deceptive about their domicile.

Pennsylvania Has 3 Soon-to-be-Resolved Ballot Access Cases Pending

Pennsylvania courts are mulling over three issues, all related to whether the Green Party statewide nominees will be on this year’s ballot: (1) the Pennsylvania Supreme Court will soon decide how many valid signatures are needed this year for statewide office; (2) the Pennsylvania Supreme Court was asked to decide (on September 29) whether the petition-checking process this year was valid, and whether costs should be assessed against the Greens if they were; (3) the US Court of Appeals is still considering whether to rehear the constitutional ballot access case; that rehearing has been pending since Sep. 5.