On September 7, the California legislature finally passed SB 1050, to legalize write-in votes when the voter forgets to “x” the box. The Governor has 30 days to sign or veto it.
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On September 7, the New York Supreme Court, Appellate Division, ruled 5-0 that the U.S. Constitution protects the right of non-residents of a city, to circulate an initiative petition for that city. Bray v Marsolino.
A similar hearing in Ohio State Court of Appeals is being held on September 8, on whether out-of-state residents may circulate an initiative petition in Ohio.
On September 6, former Constitution Party state legislator Rick Jore of Montana received a letter from his bank, notifying him that his Democratic opponent in last year’s election had successfully emptied out his bank account, in accordance with a court order. That court order requires Jore to pay $15,664 in legal fees to his opponent’s attorney. Jore had not sued anyone last year. Instead, his Democratic opponent had sued him to obtain a recount. The original tally had resulted in Jore’s being seated in the legislature. The Montana Supreme Court had reversed the original tally and ruled that his Democratic opponent had been elected instead. Under strange Montana rules, when a candidate loses a lawsuit involving recounts, a court has the discretion to order the losing candidate to pay attorney’s fees for the winner.
On September 6, former Constitution Party state legislator Rick Jore of Montana received a letter from his bank, notifying him that his Democratic opponent in last year’s election had successfully emptied out his bank account, in accordance with a court order. That court order requires Jore to pay $15,664 in legal fees to his opponent’s attorney. Jore had not sued anyone last year. Instead, his Democratic opponent had sued him to obtain a recount. The original tally had resulted in Jore’s being seated in the legislature. The Montana Supreme Court had reversed the original tally and ruled that his Democratic opponent had been elected instead. Under strange Montana rules, when a candidate loses a lawsuit involving recounts, a court has the discretion to order the losing candidate to pay attorney’s fees for the winner.
Various minor parties are only days away from filing new constitutional lawsuits against North Carolina, Iowa and New Jersey. In North Carolina the Libertarian Party will argue that the state constitution (which requires that elections be “Free”) does not permit the state to require minor parties to submit 70,000 or so signatures in order to get on the ballot, and then to poll 10% for governor or president to remain on. The case will be filed in state court.
In Iowa, the ACLU will file a lawsuit for the Green and Libertarian Parties against the state’s practice of forcing all voters to register “Republican”, “Democrat”, or “independent” on voter registration forms. Iowa is the only state in which it is physically impossible for a voter to register into any party other than the Democratic and Republican Parties. It is one of only two states without a blank line in the “party” question, on the voter registration form. The other state, Kansas, also doesn’t have a blank line, but at least Kansas has a checkbox for 4 parties instead of only 2.
In New Jersey, the Libertarian, Green and Conservative Parties are about to file a lawsuit in state court against several election laws that discriminate against all parties except the Democratic and Republican Parties.