9th Circuit sets date for "top two" hearing

The 9th circuit will hear Washington State Republican Party v Logan on February 6 in Seattle. Case no. 05-35774. This is the case over whether the “top two” system passed by the Washington voters in November 2004 is constitutional. The lower court had invalidated it last July, and the state is appealing.

Texas Libertarians Breathe Easy

No Democrat filed in most of the 8 statewide partisan judicial races this year, so there will be 4 statewide judicial races between only a Republican and a Libertarian. This provides a virtual guarantee that the Libertarian nominee for one (if not all) of those offices will poll more than 5% in November, thus keeping the Libertarians on the ballot for 2008.

Two Independent Candidates For Texas Governor?

In the entire history of government-printed ballots (which began in 1903 in Texas), no independent candidate for Governor or any other statewide state office has ever appeared on the ballot. However, this year, two prominent individuals are expected to run as independents for Governor. One is entertainer and writer Kinky Friedman; the other is Texas Comptroller Carole Strayhorn.

Texas has always had difficult requirements for independent candidates for statewide office. They have always needed a petition of 1% of the last gubernatorial vote (except that presidential independents, since 1977, have needed 1% of the last presidential vote). However, minor party ballot access in Texas was very easy before 1967. No petition was required for new or small parties before 1967, so potential independent candidates in Texas merely started their own parties and got on the ballot easily that way.

No Independent Candidates Qualify in Illinois

No independent candidates for congress, or for state executive or legislative posts, will be on the Illinois ballot in November 2006 (there may be minor party candidates in Illinois in 2006, but that hasn’t been determined yet). In Illinois, independent candidates must file in December of the year before the election (unless they are running for president, and of course 2006 is not a presidential election year). Although a handful of independent candidates turned in token petitions, all of them have been challenged.