On July 14, at the last possible hour, Ohio Secretary of State Ken Blackwell removed Charlie Morrison from the November ballot. Morrison had qualified as an independent candidate for U.S. House in the 15th district (the district now represented by Republican Deborah Pryce). His petition had been verified.

However, he was challenged because he had voted in the Republican primary earlier this year. Ohio state law does not say independent candidates must not have voted in a party primary. Section 3513.04 only says they must not have run for office in a party primary.

Ohio is a state in which the voter registration form does not ask voters to indicate party affiliation. However, Ohio elections officials keep a record of which party’s primary ballot a voter chooses. Morrison was running on a platform of cutting federal spending, and most political observers felt his candidacy was more damaging to the Republican incumbent member of Congress, than to the Democratic nominee.

When a candidate is challenged, the local Boards of Election vote. In Morrison’s case, the two Republican Board members voted to remove him, and the two Democratic members voted to retain him. The law provides that in case of a tie, the Secretary of State shall decide. Morrison will sue.

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.

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.