Victory for Access on Public University Campuses

Posted on by April 14, 2006
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On April 14, the 8th circuit ruled that most of the walkways on public universities are unlimited designated public fora. Bowman v White, 04-2299. This 3-0 decision should make it easier for petitioning to be carried on, in the outdoor, open areas of publicly-owned colleges and universities, at least in the states inside the 8th circuit. Those states are North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri and Arkansas.

The lower court had ruled that public college campuses are not public fora at all. As a result of the 8th circuit decision, the university may still require 3 days notice before outsiders wish to engage in First Amendment activity, and the university may still ban such activity during finals week. But a university rule that let outsiders speak on only 5 days per semester was declared unconstitutional.

 

Alabama Likely to Move Presidential Primary from June to February

Posted on by April 14, 2006
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Both houses of the Alabama legislature have passed bills to move the state’s presidential primary from June to February. The House passed HB 51, and the Senate passed SB 527. On Monday, April 17, the last day of the session, one or the other houses is likely to pass the bill that the other house already passed.

If so, this will continue to trend toward earlier presidential primaries, combined with later national conventions. The major parties are responsible for this trend, even though it damages the major parties. When presidential primaries in February determine the identity of each party’s presidential nominee, yet these candidates are not officially nominated until August or September, that leave a huge amount of time in which groups who don’t like either party’s choice may begin to settle on a presidential candidate from outside the major parties.

Independent Candidate Enters Pennsylvania Gubernatorial Race

Posted on by April 13, 2006
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On April 11, Russ Diamond declared he will petition his way onto the Pennsylvania ballot this year as an independent candidate for Governor. Diamond is a businessman who founded “Pennsylvania Clean Sweep”, a citizens group outraged that the Pennsylvania legislature last year voted itself a substantial pay raise. Diamond needs 66,827 valid signatures by August 1. If he succeeds, he will be the first independent on the Pennsylvania ballot for Governor since 1942.

Court turns down Nader's Michigan Rehearing Request

Posted on by April 13, 2006
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On April 11, the 6th circuit refused Ralph Nader’s request for a rehearing en banc in his Michigan ballot access case. Nader had appeared on the Michigan ballot in 2004 as an independent, but he had preferred to be listed as the Reform Party nominee. But the Michigan Reform Party was split, and only one set of party officers nominated Nader; the other set said the party didn’t wish to run any presidential candidate. The Michigan Secretary of State refused to decide which set of state party officers was legitimate, and left all Reform Party nominees off the ballot. Nader had sued, arguing that the Secretary of State had a duty to decide, but the court had ruled against him. He had asked for a rehearing in January, but that has now been denied.

Court turns down Nader’s Michigan Rehearing Request

Posted on by April 13, 2006
Reply

On April 11, the 6th circuit refused Ralph Nader’s request for a rehearing en banc in his Michigan ballot access case. Nader had appeared on the Michigan ballot in 2004 as an independent, but he had preferred to be listed as the Reform Party nominee. But the Michigan Reform Party was split, and only one set of party officers nominated Nader; the other set said the party didn’t wish to run any presidential candidate. The Michigan Secretary of State refused to decide which set of state party officers was legitimate, and left all Reform Party nominees off the ballot. Nader had sued, arguing that the Secretary of State had a duty to decide, but the court had ruled against him. He had asked for a rehearing in January, but that has now been denied.