Ohio Court Dates Set

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

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.

Missouri Governor Vetoes Ballot Access Bill

Missouri’s Governor vetoed HB 525 several weeks ago. This is the bill that makes a small but important improvement in the state’s ballot access law. This site reported he had signed it. The error was the state’s; the legislative web page said he had signed it, when this was not true. This news is very disappointing. It is possible the legislature will override the veto in September.

Generally, a party that petitions for qualified status in Missouri (as in 38 other states) doesn’t need to print the names of its nominees on the petition itself. They are chosen later, after the group has qualified as a party. But Missouri law says the petition must name the candidates for presidential elector. The law is not the result of anyone’s thinking; it is just a typographical error in the law passed back in 1993.

Federal Court Says Top-Two Is Unconstitutional

On July 15, U.S. District Court Judge Thomas Zilly declared that the Washington state “top-two” system is unconstitutional. Washington State Republican Party v Logan, 05-927-Z. The decision is a victory for the state’s Democratic, Republican and Libertarian Parties. The state said it would appeal to the 9th circuit. Assuming Judge Zilly’s ruling stands, this year’s partisan elections will be conducted using an open primary, such as the primaries used in states like Michigan, Wisconsin, Minnesota, Idaho and Montana, and most southern states. Washington state does not have partisan registration.

Read the decision here.

New Mexico Good Ruling

On July 12, New Mexico’s Secretary of State ruled that parties are not disqualified until they have failed the vote test twice in a row. Therefore, the Green and Constitution Parties are qualified in New Mexico for 2006.