Constitution Party Wins Nevada Ballot Access Case

On July 13, a Nevada state district court in Las Vegas ordered that Lance Hinton should be placed on the November ballot as the Constitution (Independent American) Party candidate for Clark County Treasurer. The case is Indp. Amer. Party v Lomax, A522324.

Clark County election officials had refused to put Hinton on the ballot because they said he isn’t validly registered to vote. Hinton had registered to vote, but he had refused to provide his Social Security Number. Elections officials had claimed that state law requires either the last 4 digits or the Social Security number, or the individual’s drivers license number. However, state law says if an individual does not furnish either of these numbers, he or she may instead submit an affidavit of identity, signed under penalty of perjury. Hinton submitted such an affidavit but Clark County elections officials rejected it, claiming it wasn’t good enough.

New Jersey Minor Parties to Sue Over Various Discriminatory Election Laws

The first week in August, the New Jersey Green, Libertarian and Conservative Parties will file a constitutional lawsuit in state court. The lawsuit will challenge a law that makes it illegal for petitioners to circulate a petition for a candidate for district or county office, if the petitioners don’t live in that district or county.

The lawsuit will also challenge the failure of New Jersey elections officials to tally how many voters register as members of the Conservative Party (the other parties in the lawsuit already won that right years ago, but the state won’t extend that right to any parties other than the ones that won the old registration lawsuit in 1999).

Finally, the lawsuit will challenge election laws that make it easier for the Republican and Democratic Parties to raise and spend money, than any other parties; and the make it easier for the two major parties to lobby the legislature, than for other parties to do so.

U.S. House Extends Voting Rights Act

On July 13, the U.S. House of Representatives defeated various amendments to alter the Voting Rights Act, which was passed in 1965 and must be renewed every 15 years or so (it expires in 2007). Then, the House re-enacted the law without any significant changes. The bill is HR 9.

The Voting Rights Act has been very useful for protecting the voting rights of ethnic and foreign language minorities, but it has been of almost no use in protecting voters who desire to vote for minor parties and independent candidates.

Yet Another Alabama Major Party Member Excluded from his Own Primary Ballot

Alabama lets the two major parties have extraordinary power over whether to let members of those parties onto primary ballots or not. State law lets the major parties exclude candidates who have been “disloyal” (i.e., anyone who ran as a write-in candidate, or as an independent, or as a member of another party, during the preceding four years). At least 4 such individuals were blocked from 2004 primaries.

On July 12, the Alabama Supreme Court refused to hear another of these lawsuits, filed by an excluded candidate. The lower court had refused to put Steve Small on the Democratic Party ballot as a candidate for Jefferson County Commission, because 4 years ago he had run as a write-in candidate for the same office in the general election. Small v Turnham, 1051061. The Court said the case is moot because the primary was already held. Small had charged that the Democratic Party does not enforce its rule uniformly. Alabama doesn’t have a procedure for a write-in candidate to file as a “declared” write-in candidate anyway; there is no official record that Small ran as a write-in in 2002.

Restrictive Bill Signed by Tennessee Governor

On June 28, Tennessee Governor Phil Bredesen signed SB 407 into law. It makes it almost impossible for anyone to win a party primary by write-in votes. The former law required a write-in candidate in a primary to receive 5% of the number of voters who cast a vote in that primary. The new law requires this number to be 5% of the number of registered voters in that district.