| Page 747

Ohio Finishes Checking Two Initiative Petitions, but Still Hasn’t Finished Checking No Labels Party Petition

Posted on July 28, 2023 by Richard WingerJuly 28, 2023

On July 25, the Ohio Secretary of State announced the results of checking two statewide initiative petitions that are expected to be on the November 7, 2023 ballot. The initiative dealing with abortion has 495,938 valid signatures, easily enough to qualify.

The initiative to legalize marijuana was 679 signatures short, but existing law says the proponents have ten days to get those extra signatures.

There is a ballot measure on the ballot on August 8, 2023, put on the ballot by the legislature. It makes it more difficult to qualify an initiative. It requires signatures in all 88 counties, and it deletes the provision for a 10-day make-up period if the initial filing is shy of enough valid signatures. Polls show that the August 8 ballot question is likely to be defeated.

The Ohio Secretary of State still hasn’t finished checking the No Labels Party petition, even though the bulk of the signatures were submitted over six months ago. But the Secretary’s excuse is that the party is aiming for the 2024 ballot, not the 2023 ballot.

U.S. Court of Appeals Refuses to Disturb FEC Decision that Jill Stein Must Repay $175,272 in 2016 Matching Funds

Posted on July 28, 2023 by Richard WingerJuly 28, 2023

On July 21, the U.S. Court of Appeals, D.C. Circuit, issued an opinion in Stein v Federal Election Commission, 21-1213. The opinion upholds an April 2019 decision by the FEC that Stein must repay $175,272 in 2016 primary matching funds. Here is the 10-page opinion. The opiniion is by Judge Gregory G. Katsas, a Trump appointee. It is also signed by Judge Karen L. Henderson, Bush Sr. appointee; and Judge Robert L. Wilkins, an Obama appointee.

UPDATE: tp see a criticism of the ruling, go to jillstein.net.

There were two issues in the case. The first issue concerns timing. The FEC had changed the rules on when the period for raising matching funds ends. In the past it was the date of the latest party nomination process that the candidate had sought; but the new rule ends the period when the first party has made a nomination. Stein had sought both the Green Party nomination, which was settled on August 5, and the Peace & Freedom nomination, which was settled on August 14. She won the Green Party nomination but not the Peace & Freedom nomination.

There may not seem much difference between whether Stein’s period for raising donations (which the government matched) ended on August 5 or August 14, but she raised a lot of money during that 9-day period, and those donations could not be matched because of the FEC’s policy change. The Court opinion seems to hint that the judges feel the matching funds program, as applied to minor parties, is already more generous than it needs to be, and therefore the Court rejected the constitutional argument that the rule change is discriminatory.

The other issue concerned procedure, and whether Stein was clear enough in her messages to the FEC about an error that the FEC made when it calculated the repayment amount.

July 2023 Ballot Access News Print Edition

Posted on July 27, 2023 by Richard WingerJuly 27, 2023

Ballot Access News
July 2023 – Volume 39, Number 2

This issue was printed on white paper.

Table of Contents

Continue reading →

Ninth Circuit Invalidates a California Campaign Finance Law

Posted on July 27, 2023 by Richard WingerJuly 27, 2023

On July 26, the Ninth Circuit issued an opinion in Progressive Democrats v Bonta, 22-15323. The opinion strikes down a California campaign finance law that makes it illegal for local government employees to solicit campaign funds from their co-workers. Here is the opinion. It reverses the U.S. District Court’s opinion. Thanks to the Institute for Free Speech for this news.

Texas Appeals Decision that Requires State to Accept Electronic Signatures on Minor Party and Independent Candidate Petitions

Posted on July 26, 2023 by Richard WingerJuly 26, 2023

On July 26, the state of Texas filed a notice of appeal in Miller v Nelson, w.d., 1:19cv-700. This is the case filed by several minor parties and independent candidates against many Texas ballot access laws. The plaintiffs won a decision on June 26 that Texas must allow electronic signatures. The state is not only appealing; it is asking the judge to stay his own order.