Fulani Sues State Chair of Independence Party in Federal Court

On May 16, Lenora Fulani and her political allies filed a federal lawsuit against the state leaders of the New York Independence Party. Fulani v MacKay, s.d., 06-cv-3747. New York city is under the Pre-Clearance Requirements of the federal Voting Rights Act. The lawsuit justifiably claims that when the state Independence Party dissolved 3 county units of that party, that the action amounts to a change in a voting procedure that should have been submitted to the Justice Department before it was implemented. It is true that political party rules changes, in covered jurisdictions, are subject to the Voting Rights Act. A US Supreme Court case, Morse v Virginia Republican Party, 517 US 186, established that in 1996.

The Fulani lawsuit had one preliminary hearing on May 24 and will have a more substantive hearing on June 1. The case is before U.S. District Court Judge George Daniels, a Clinton appointee.

Virginia Republican Hearing in 4th Circuit

On May 23, the 4th circuit heard the Republican Party’s appeal in Miller v Brown. The issue is whether the party can exclude non-members from voting in Republican primaries. This is not easy, since Virginia doesn’t have registration by parties. The hearing went well for the Republican Party, on the procedural issue of whether the case is ripe for adjudication. Since the Republican Party’s rule won’t be applied until the 2007 state elections, the lower court had dismissed it on the grounds that it had been filed too early. The 4th circuit is likely to send it back to the U.S. District Court, with instructions to decide the main issue without further delay.

Voter Photo Out Of Immigration Bill

On May 24, the US Senate voted 49-48 to keep an amendment in the Immigration bill. The amendment would require the states to require photo ID for voting at the polls. However, shortly afterwards, the Senate invoked closure on the bill itself, 73-26. That later vote automatically defeated the voter photo ID amendment, and all other such “non-germane” amendments.

Conservative Party of N.Y. Nominates

On May 23, the Conservative Party of New York endorsed candidates for statewide office. These statewide endorsements are tantamont to nomination, since it is extremely difficult for a non-endorsed candidate to force a small qualified party in New York to hold a primary (15,000 signatures of Conservative Party registrants would be needed to set up a Conservative Party primary; otherwise the endorsed candidates become the party’s nominees by default). The Conservative Party endorsed John Faso for Governor. He is one of the two contenders for the Republican Party’s nomination; the other contender is William Weld, who is also the Libertarian Party nominee. The Republicans won’t choose between them until a September primary.