Write-in Victory in Pennsylvania

Posted on by August 2, 2005
1

On August 1, a Pennsylvania state court judge ordered that write-in votes for two candidates for local office should count, even though some of the voters wrote the names of the candidates in the wrong place on the mechanical voting machines. The case was called Petition to Cumulate Write-in Votes, no. GD05-16656 and 05-16659, 5th district Common Pleas Court (Allegheny County). As a result of the decision, the write-in candidates won the Republican primary for Kennedy Township Commissioner and South Fayette Township Treasurer.

Washington Appeals Top-Two Case

Posted on by July 30, 2005
1

On July 29, Washington state, and the Grange, asked the 9th circuit to overturn the U.S. District Court ruling that the “top-two” primary violates the associational rights of political parties.

Also on July 29, the U.S. District Court issued its final order in the case, with details on how this year’s partisan elections will be held. The U.S. District Court did not grant a special Republican Party request. The Republican Party now has a bylaw, saying no one can have the word “Republican” on the Republican primary ballot, if that person did not get at least 25% of the vote at party endorsement meetings before the primary. Judge Zilly did not grant the party’s wish; he simply ignored it. Zilly did extend the petition deadline for minor party and independent candidates in this year’s partisan elections to August 27.

Ohio Court Dates Set

Posted on by July 19, 2005
2

The US Court of Appeals, 6th circuit, will hear Libertarian Party of Ohio v Blackwell on September 14, 2005. The issues are (1) whether a state can require a group to qualify as a party an entire year before the election; (2) whether the state can change the petition format slightly after a party is already circulating the petition, and then reject that petition because the form had been changed while the petition was circulating.

On September 23, the 6th circuit will hear Lawrence v Blackwell, the challenge to the state’s deadline for independent candidates (for office other than president). In 2004 that deadline was March 1. The case was brought by a Socialist Equality Party candidate for congress.

Bush Choice for US Supreme Court

Posted on by July 19, 2005
4

Judge John C. Roberts, Jr., of the U.S. Court of Appeals, D.C. Circuit, has never heard a case involving minor parties or independent candidates, or any case on the rights of political parties in general. He has only been a Judge since June 2003. The D.C. circuit never gets ballot access cases. That circuit does sometimes hear cases involving cases involving presidential debates, but Roberts has never had such a case.