Both the 2nd circuit and the 7th circuit have oral arguments in ballot access cases this week of June 5-9. The 2nd circuit heard arguments in Lopez Torres v New York State Bd. of Elections on June 7, and the 7th circuit hears arguments in Lee v Illinois State Bd. of Elections on June 9.

The New York case involves ballot access to the primary ballot, for candidates for Delegate to the Judicial Nominating Conventions. The oral argument lasted two hours, three times as long as had been scheduled.

The Illinois case challenges the petition for independent candidates for the legislature. It is so restrictive, it has not been used since 1980. Independent candidates for the Illinois legislature need a petition signed by 10% of the number of voters who voted in that district in the last general election. Furthermore, the petition is due in December of the year before the election. No other state requires independent candidates to submit petitions greater than 5% of the number of registered voters, and no other state requires the petition to be submitted in the year before the election. Yet, amazingly, the U.S. District Court had upheld the law.

California held a special election to fill a vacancy in the 50th US House district, on June 6. The unofficial results: Republican 49.33%, Democratic 45.46%; independent 3.67%; Libertarian 1.53%.

The same district in November 2004 voted: Republican 58.41%; Democratic 36.49%; Green 2.25%; Constitution 1.63%; Libertarian 1.20%.

Alabama held its Democratic primary on June 6. The Democratic primary race for Secretary of State was between incumbent Nancy Worley, and Ed Packard, who has been head of the Elections Division within that office. Packard has been sympathetic to minor parties and independent candidates, whereas Worley has been uninterested. Worley won the primary by a ratio of approximately 3 to 1.

It is somewhat plausible that Alabama will be the only state in the US in November 2006 with a Democratic-Republican monopoly on the ballot for statewide office. Alabama is the only state with a petition requirement for Governor (for the easier of the minor party or independent routes to the ballot) in excess of 2% of the last vote cast. Alabama’s requirement is 3% of the last vote cast.