On August 23, the Pennsylvania Supreme Court ruled that Ralph Nader must pay approximately $80,000 in court costs, stemming from the challenge to his signatures in 2004. In re Nomination Paper of Nader, 17 MAP 2005. In Pennsylvania, when a candidate’s petition is challenged by private individuals or groups, the courts themselves must handle the signature-by-signature analysis of whether there are enough valid signatures. If the candidate is told he or she doesn’t have enough signatures, according to today’s ruling, the candidate must pay the court costs.
On August 23, the 3rd circuit upheld the Pennsylvania ballot access laws for qualified minor political parties. Marakay v Cortes, 06-2241. The decision acknowledges that the Constitution, Green and Libertarian Parties polled enough votes in 2004 to meet the state’s definition of “political party”, but said that doesn’t show that these parties necessarily have voter support in 2006. The decision distinguished the 2003 Maryland highest state court’s ruling, which was favorable to minor party ballot access. In Maryland, parties needed one petition to qualify the party itself, and then separate candidate petitions. In Pennsylvania, by contrast, there is only one required petition. The decision can be read here.
Nebraska holds its primary in May. At the May primary, no one filed to run for the Democratic nomination for Auditor. The incumbent, Kate Witek, a Republican, did not run for re-election, and the Republicans nominated someone else.
A few days ago, Witek changed her registration from Republican to Democratic, and announced she wanted to run for re-election after all. The Democratic Party then nominated her at its state convention. However, there is no provision in the law for a qualified party to nominate by convention, except for newly-qualifying parties, or in cases at which the primary nominee dies or withdraws. The Democrats say they will sue to get Witek on the ballot as the Democratic nominee. Witek is also free to be an independent candidate, if she can get 2,000 signatures by August 29. Also in the race are Constitution and Green Party nominees.
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.