A ScotusBlog post begins: Supreme Court Justice David H. Souter has asked the state of Maine and the state Democratic Party chairman to supply their views on the right of an independent candidate for U.S. Senate to have his nominating petition signatures accepted so that he can get on the November election ballot. In an order issued Friday (found here), Souter — in his role as Circuit Justice for the area that includes Maine — sought responses to First Amendment issues raised by the non-party candidate, Herbert J. Hoffman, and told all of the lawyers involved to discuss what kind of legal remedy, if any, should be available to Hoffman. Those filings are due Tuesday.

Souter has the authority to act alone, but also may choose to share the issue with his colleagues.

In an application (08A138) filed Thursday seeking an order to block a Maine Supreme Court ruling of July 28, Hoffman contended that he has submitted 4,038 valid signatures on nominating petitions — over the 4,000 minimum required by state law. But, because of the state court decision, throwing out three separate petitions that each included only a single invalid signature, he would wind up with a total of only 3, 929, and thus would be barred from the ballot.

The state ruling, Hoffman’s application argued, violates the First Amendment right of political expression of himself and voters who support him, the right to gather politically to support a candidate, and the actual right to vote. -- Souter probes Maine ballot access issue

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A Daily Mountain Eagle report begins: The Aug. 26 municipal elections in Carbon Hill took more confusing turns Wednesday as one candidate got back in the race, another was disqualified and the mayor said he had called a meeting of all city candidates tonight while he awaits to see which set of ballots he can use.

Former mayor James “Pee Wee” Richardson had announced Monday he was getting out of the race after finding out his permanent residence at 366 Nubbin Ridge Road was just out of the city limits. However, he said he changed his mind Wednesday after reading in the Daily Mountain Eagle that District 4 city council candidate Louie Sandlin had a permanent home outside the city limits on 740 Nix Road and was qualifying by staying two or three nights a week on a cot at his convenience store at 2085 Nauvoo Road.

Richardson said based on Sandlin’s statements in the newspaper, he didn’t realize that the rules would allow living for only a few days a month in the city limits. He said he has been doing that already at his mother-in-law’s residence at 111 4th Ave. NW.

“I have never officially told the city that I was out of it,” Richardson said. “I’m still in the race ... I feel I am just as qualified as (Sandlin) is.” -- Richardson back in race for CH mayor; Beasley disqualified

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The Mobile Press Register reports: Mobile County Probate Judge Don Davis on Tuesday said he has filed a complaint asking Circuit Court judges to decide whether three local candidates should be taken off the ballot for violating the state's ethics code. ...

Davis, a Republican, said that the complaint notes that an official with the Alabama Ethics Commission said that Manzie, Crenshaw and Law did not comply with state law in filing a campaign finance form by the deadline. ...

Among other things, the candidates were accused of filing their statement of economic interests with the Alabama Ethics Commission late or not at all.

Candidates must file that statement with the Montgomery-based commission within five days of qualifying, according to Jim Sumner of the Ethics Commission.

But Manzie and Crenshaw said they were told by local Democratic Party officials and state election officials that the statement of economic interests was due by April 30, which is the date written on the form itself.

Both filed April 11. But according to testimony during the hearing, Manzie became a candidate Jan. 15 and Crenshaw on March 20, which means they would have missed the five-day threshold. -- Probate judge requests ruling - al.com

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An AP report begins: The American Civil Liberties Union sued the South Carolina Election Commission on Thursday, charging the state has kept the Green Party from putting its candidate on November's ballot.

The ACLU said it filed the lawsuit in U.S. District Court in Columbia because the commission wouldn't allow Eugene Platt on the ballot as a Green Party nominee for a Charleston-area state House seat after he lost his bid for the Democratic Party nomination in the June primary.

While the Democratic Party may want to use the state's so-called "sore loser" law to keep Platt off the ballot, "that doesn't trump the right of another party to run who they chose," ACLU lawyer Laughlin McDonald said in an interview as the lawsuit was filed.

The lawsuit asks the court to keep the state from using the sore loser statute to disqualify candidates and to require that Platt's name appear on the November ballot for the seat now held by Rep. Wallace Scarborough, R-Charleston. The sore loser statute prevents the loser of a primary election from appearing on a subsequent ballot as the nominee of a different political party. -- ACLU sues S.C. for nixing Green Party nominee | Spartanburg, South Carolina | GoUpstate.com | Spartanburg Herald-Journal

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A Politicker MA report begins: The American Civil Liberties Union of Massachusetts has filed a lawsuit against the Massachusetts Elections Division seeking to ensure the Libertarian presidential nominee appears on the November ballot in Massachusetts.

At issue is whether state election officials allow the Libertarian party to substitute Bob Barr and Wayne Root, its nominees for president and vice president, in place of George Phillies, a Massachusetts Libertarian that sought his party's nomination, on the November ballot. In July of 2007, Phillies asked officials if the Libertarian nominee could be substituted for his name on the ballot because he had to begin gathering the requisite number of signatures well before the Libertarians May 25 convention where its nominee would be chosen.

"The central issue in this case is the restriction of ballot access for third parties, which has been and continues to be a problem in Massachusetts," John Reinstein, Legal Director for the ACLU of Massachusetts, said in a statement.

When Phillies failed to garner the nomination at the convention, he contacted election officials asking to substitute Barr's name for his on the ballot. On June 5, the ACLU said, the elections division denied the request and said Barr could not rely on the signatures Phillies had already collected. The Libertarian Party, the officials said according to the ACLU, would have to repeat the signature gathering process for Barr to appear on the ballot. -- ACLU Mass. files lawsuit for Libertarian candidate to appear on Nov. ballot | Politicker MA

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The Birmingham News reports:
A retired Gardendale contractor who wants to run as an independent candidate in the 6th Congressional District has filed a federal lawsuit challenging the law he said requires him to get 6,155 signatures of qualified voters before he can be on the ballot.

Andy Shugart, in the lawsuit filed in Birmingham's federal court, contends state law violates his constitutional rights and is more restrictive than necessary by requiring he get the signatures. His suit said independent and minority party candidates for president or vice president are required to file a petition of at least 5,000 signatures. ...

The suit names Alabama Secretary of State Beth Chapman as the defendant. Jean Brown, the secretary of state's chief legal adviser, said the office had not been served with the suit and she was unable to comment.

The suit said Shugart meets all the qualifications to run for the U.S. House of Representatives, other than the requirement that he file a petition signed by 3 percent of qualified voters who voted in the last gubernatorial election. Shugart said he thought about running for office in the past, but there were always problems with ballot access. -- Gardendale congressional hopeful sues over signatures needed for petition- al.com

The complaint is attached here.

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Brownsox writes on Daily Kos: It's been an eventful few months for the Jack Davis campaign. First, they succeeded in getting the "millionaires' amendment" struck down. Then came allegations of bribery against the Davis campaign. In the meantime, Davis flooded the radio airwaves with the worst campaign songs anyone has ever heard.

Now, witness the latest of Davis' alleged transgressions: the campaign is under investigation for voter fraud. From a press release from Davis' primary opponent, Orange to Blue candidate Jon Powers:

WILLIAMSVILLE, NY – Michael Violante, the Niagara County District Attorney, announced today that his office will be investigating claims of petition fraud committed by Jack Davis' campaign for Congress in New York's 26th District.

Yesterday, Niagara County Democratic Chairman Dan Rivera requested a formal investigation from Violante's office into "petition irregularities" in petitions circulated for Jack Davis by a member of his paid staff, Kelly Taylor. Violante today announced his office would investigate on the matter and begin interviewing witnesses.

"Jack Davis is using fraud and bribes so blatantly that the District Attorney has decided to investigate. This behavior lacks honor and is unacceptable for a candidate for Congress," said Powers for Congress Campaign Manager John Gerken. "The voters of Western New York deserve a congressman who puts their interests first, not yet another congressman embroiled in scandals." -- NY-26: Jon Powers' primary opponent investigated for voter fraud

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The Montgomery Advertiser reports: Democrat Barack Obama and Republican John McCain likely won't be the only presidential candidates listed on Alabama's Nov. 4 ballot.

The campaigns of Ralph Nader, Bob Barr, Chuck Baldwin and Cynthia McKinney hope to have their names spread across the top of Alabama's ballot along with the major party candidates.

The independent and third-party candidates have supporters -- and in some cases paid professionals -- scurrying across the state to get voters to sign petitions to get them on the ballot.

For ballot access, the campaigns must collect the signatures of 5,000 people registered to vote in Alabama. The petitions must be submitted by Sept. 5 to the secretary of state in Montgomery. -- Independents work to get on state ballots

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The Lake-Forester reports: Allen Stevo is suing the State Board of Elections to try and regain a spot on the November ballot for his independent candidacy in the 10th Congressional District.

The action came July 28, the same day the state board voted to remove him from the ballot, finding he had submitted less than 7,000 signatures, while independent candidates are required to submit at least 10,285.

Stevo stated he's "challenging Illinois draconian restrictions on independent candidates who attempt to gain a spot on the ballot. Illinois' restrictions are widely considered among ballot access experts to be the most severe in the country, ranking next to those in Georgia and North Carolina."

Stevo was required to submit 10,285 signatures to the State Board of Elections. His Republican opponent, U.S. Rep. Mark Kirk, was required to submit 673. His Democratic opponent, Dan Seals, was required to submit 1,001. That is a difference of 9,612 and 9,284 respectively. -- <span class=redtext><b id=red>Updated 7/31: </b></span>Stevo files federal suit to regain ballot spot :: News :: PIONEER PRESS :: Lake Forester

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The Reno Gazette-Journal reports: One day before Nevada's early voting was set to begin, the state Supreme Court confirmed Friday that an amendment to the state Constitution barring public officials from serving more than 12 years is valid -- effectively ending the campaigns of 21 veteran officeholders.

However, state legislators who were elected in the Nov. 5, 1996, election and officially took office before the term limit provision became effective on Nov. 27, 1996, are not affected by the ruling, the court said in a second opinion.

A lawmaker's term in office begins the day after election, so those who won their seats in 1996 were already on the job when the term-limit amendment was finalized. But public officials begin their jobs in January, so those elected in 1996 didn't start work until 1997, after the amendment's effective date. -- State's high court: 12-year limits valid | www.rgj.com | Reno Gazette-Journal

Hat-tip to How Appealing for the link.

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The New York Times reports: Ohio must include the Libertarian Party’s nominees on its ballot in November, a court has ruled, complicating Senator John McCain’s effort to win conservative votes in a hotly contested state rich in electoral votes.

The Libertarian candidate, Bob Barr, formerly a Republican congressman from Georgia, will lead his party’s ticket, which includes the vice-presidential candidate, Wayne Allyn Root, and candidates for governor and several Congressional seats. ...

The court order, issued Thursday, directs the Ohio secretary of state, Jennifer L. Brunner, to disregard her office’s current guidelines for ballot inclusion, which require eligible parties to gather valid signatures equal to one-half of 1 percent of the total vote in 2006 or to have garnered at least 5 percent of the last election’s votes. The Libertarians submitted 6,545 signatures in March, far below the approximately 20,000 needed. Ms. Brunner’s office has not decided whether to appeal the ruling. ...

On the other side of the political spectrum, Ralph Nader is seeking to run on the Ohio ballot as an independent candidate, which requires 5,000 valid signatures. He plans to submit 15,000, the maximum amount Ohio law allows, in August, said Jason Kafoury, national coordinator for Mr. Nader’s campaign. -- Court Orders Ohio to Include Libertarian Party on Ballot

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The Oklahoman reports: A third-party presidential candidate has filed a federal lawsuit to try and force his way on to Oklahoma's ballot in November.

Bob Barr, a former Republican congressman selected as Libertarian presidential candidate, contends state election laws are discriminatory because unrecognized political party candidates cannot file to run for president in Oklahoma. -- Libertarian sues to get spot on ballot | NewsOK.com

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The Pittsburgh Post-Gazette reports: Grand jurors here [Harrisburg] and in Pittsburgh cataloged what they described as a culture of corruption that allowed former state Rep. Michael Veon, current Rep. Sean Ramaley and 10 current and former Democratic staffers to divert millions of dollars in state resources, including more than $1 million in illegal pay bonuses.

The jurors said Mr. Veon and the staff members conspired to arrange hefty year-end pay bonuses to House employees who worked on political campaigns over a three-year period, while Mr. Ramaley is accused of working full-time on his 2004 House campaign in Beaver County while drawing a taxpayer salary as a member of Mr. Veon's staff.

The findings ran from the political to the salacious.

It found that tax money was used to bump third-party candidates Ralph Nader and Carl Romanelli from the Pennsylvania ballot in 2004 and 2006. Grand jurors said state money was used to provide a no-work job to a high-ranking House aide's mistress. -- 12 face charges in bonus scandal

Lancaster Online reports: The Harrisburg Patriot-News previously reported that all four legislative caucuses paid nearly $4 million in bonuses to state employees over the last few years. The grand jury investigating the allegations, dubbed Bonusgate, found that House Democrats paid the most — $1.2 million in bonuses for campaign activities from 2004 to 2006. ...

According to the grand jury, Paul Resch, of Columbia, Darlene Zerbe, of Lancaster and Jonathan Price, of Clay Township, were among at least 36 caucus employees who worked to challenge independent presidential candidate Ralph Nader's nominating petitions in 2004. The three local Democrats were not charged.

Democratic challenges resulted in Nader being knocked off the ballot, giving Democratic nominee John Kerry a better chance at winning the state that year. The grand jury report says none of the supervisors of a "veritable army of caucus staffers" ever asked the workers to take unpaid leave, and that the bulk of the research was done in the Capitol complex and in Veon's Beaver Falls district office.

The grand jury said Resch and Zerbe received unspecified bonuses for the Nader work; Price did not. Elsewhere in the report, the grand jury says Price, a Clay Township supervisor, was one of about 17 caucus employees assigned to work against state Senate candidate Mike Diven, a "thorn in the side" of Veon, in a 2005 special election in Allegheny County. -- Scandal touches 3 other Demos

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Capitol Media Services reports: Arizona's early June deadline for independent presidential candidates to get on the general election ballot is illegal, a federal appellate court ruled Wednesday.

In a unanimous decision, the 9th U.S. Circuit Court of Appeals accepted the arguments by an attorney for Ralph Nader that the deadline, which applies only to those not affiliated with major parties, is unfair.

The judges rejected arguments by Secretary of State Jan Brewer the early deadline is necessary to print ballots for the November election. The judges said the state's arguments held no water because election officials don't know for weeks - or months - later what other issues will also be on the ballot.

And they noted the deadline doesn't apply to the major parties who are allowed to submit the names of their candidates for the ballot in August or even later.

Potentially more significant, the judges also agreed with Nader that it is illegal to forbid anyone but Arizona residents to circulate petitions for presidential candidates. -- News: Federal court opens door for Ralph Nader to run in Arizona | court, run, door : YumaSun

The opinion is here.

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The Gallup Independent reports: Native American tribal, community and state leaders gathered on the lawn of Arizona’s Capitol June 25 to protest that their petition to vote rights were being assaulted.

The petition signatures of some Native American voters was being challenged on the grounds that they used post office boxes during the collection of signatures for nominating petitions in state House and Senate races in Northern Arizona.

State laws call for those signing petitions to give physical addresses, but many Native Americans living on reservations do not have physical addresses. ...

Mary Kim Titla, a member of the San Carlos Apache Tribe and a candidate for Congressional District 1, said a post office box is what Indians use to receive their bills and what they use to file their income taxes. ...

The nominating petitions challenge Navajo candidates Albert Tom and Chris Descheeny for the Arizona House. If these two candidates were disqualified for the race because of lack of valid signatures then their two opponents wouldn’t have any challengers except for write-in candidates. -- Natives protest challenge to rights

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The Alabama Supreme Court decided today that it was completely legal for Gov. Riley to make an appointment to fill a vacancy on the Jefferson County Commission. Thus, Commissioner George Bowman will serve until his successor is elected in November. The Supreme Court leaves it up to the Circuit Court to figure out how the political parties are going to nominate candidates.

The decision in Working v. Jefferson County Commission is here.

Disclosure: James Blacksher and I represent Fred Plump, one of the parties who argued against the right of the Governor to appoint at all.

Update: The Birmingham News story is here.

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The local NPR station reports that Ray Bryan has sued the Republican Party to keep the Party from decertifying his primary win. The latest story in the Anniston Star is behind a subscription firewall, but the Star reported a week ago: Local attorney Ray Bryan may not become circuit judge despite having won the June GOP primary election, according to state Republican Party officials.

Alabama Republican Party Executive Director John Ross said the party's steering and candidates committee has moved to decertify Bryan, and plans to appoint a replacement, after he was late filing forms required by the state's Fair Campaign Practices Act. -- Bryan may lose judgeship over finance filings | AnnistonStar.com

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Alabama Politics in Doc's Political Parlor reports: There is a confusing story in Jefferson County that is turning into a pitched battle between county Democrats and Republicans.

Seems that about 18 months ago, Republican Andy Smith was appointed by Gov. Riley to fill an unexpired term as Bessemer Division Tax Assessor. That term ends Sept. 30, 2009. There is an election for the seat in this November’s general election.

Here is where it gets confusing:

A 1957 state law that applies only to Jefferson County requires political appointees to run for the unexpired term of their predecessor if the appointment was made more than six months before the next general election.

To keep the seat without interruption, not only does Andy Smith have to qualify for and win the election for the term that begins in 2009, he also has to win the election for the remainder of the unexpired term. For which he did not file qualifying papers. -- Parties in Heated Battle in Jefferson County

Links to the complaint and the Democrats' response is on the Political Party.

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The Birmingham News reports: A decision on the dispute over a vacancy on the Jefferson County Commission may hinge on whether a special election to fill it was legal or if a group of residents had the right to sue to block the vote.

The Alabama Supreme Court heard oral arguments Wednesday over how to fill the commission vacancy created when Larry Langford resigned to become Birmingham s mayor.

The justices did not say when they would rule.

Justices questioned whether the people who sued to block the Feb. 5 special election had a right to file the case. If not, the court could rule there was no valid challenge to the election, won by Birmingham City Councilman William Bell.

But the justices also discussed whether the 1977 law allowing the county's election commission to call for the vote was unconstitutional. Gov. Bob Riley's lawyer said state law gives the governor sole power to fill the seat and the county special-election law should be struck down.

If a court majority agrees, the governor's appointee, George Bowman, would be the commissioner. -- Right to sue, hold special election at heart of District 1 case - al.com

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The Boston Globe reports: When the deadline for certification passed yesterday, Jim Ogonowski, the Republican leadership's choice to challenge US Senator John F. Kerry, was 82 signatures short of qualifying for the GOP primary ballot, according to the state's central voter registry.

But Ogonowski's campaign aides contend there are enough certified signatures at various town offices around the state not filed yet on the computerized registry to put him across the 10,000 threshold.

Local election clerks were legally required to finish their certifications yesterday. The majority of those clerks have shipped their results to the secretary of state's office via computer, but some may still be submitting the certifications by hand. ...

Even if Ogonowski does get the 82 signatures he needs, his fight probably is not over.

Election specialists say he will not have the needed cushion of extra signatures to insulate himself from legal challenges. -- Ogonowski falls short on signature deadline

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AP reports: People in Massachusetts suddenly are thinking the unthinkable: Who possibly could succeed Sen. Edward Kennedy, patriarch of the famed political family that has dominated the state for more than four decades? ...

Unlike most states, Kennedy's successor would be chosen by a special election, not the governor.

State law requires a special election for the seat no sooner than 145 days and no later than 160 days after a vacancy occurs. The law bans an interim appointee.

The law was changed in 2004, when Massachusetts Sen. John Kerry became the Democratic presidential nominee and Romney was governor. Before the change, the governor would have appointed a replacement to serve until the next general election. -- Thinking the unthinkable: Who follows Ted Kennedy? : NPR

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The Birmingham News reports: "Election law is really quirky," said Sid Browning, Jefferson County supervisor of elections. "This is a prime example. It's really confusing." ...

Even if incumbent Bessemer Division Tax Assessor Andy Smith wins the November general election, he will be out of a job for a year.

Ron Yarbrough, meanwhile, will be the next tax assessor for that period - because he filled out qualifying paperwork that Smith didn t fill out.

A 1957 state law that applies only to Jefferson County requires political appointees to run for the unexpired term of their predecessor if the appointment was made more than six months before the next general election.

Gov. Bob Riley appointed Smith 18 months ago to replace the retiring Karen Tucker. When qualifying to run for office, Smith, a Republican, should have qualified to run for the balance of Tucker's term as well as a new term. -- Bessemer Division Tax Assessor Andy Smith will be out of a job even if he wins general election- al.com

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The New York Times reports: The Senate on Wednesday delivered its judgment on a constitutional question involving one of its own and formally declared that Senator John McCain is eligible to be president — at least from a citizenship perspective.

Weighing in on an arcane question that has arisen because of Mr. McCain’s birth in the Panama Canal Zone, the Senate without opposition approved a nonbinding resolution recognizing that Mr. McCain is a natural-born citizen.

Among the basic qualifications the Constitution lays out for president is that the person be a natural-born citizen, a phrase not defined and one that has been subjected to various interpretations.

At the request of Mr. McCain’s campaign, two constitutional lawyers studied the issue and found in favor of Mr. McCain, whose father was stationed in the zone with the Navy when the future candidate was born. Colleagues of both parties in the Senate, including his two potential Democratic rivals, concur. -- Senate Says McCain Is Qualified

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CQ Politics reports: A special election to fill a pending vacancy in Maryland’s 4th Congressional District will be held June 17 under legislation, signed Thursday afternoon by Democratic Gov. Martin O’Malley, that allows a speedier schedule than usually allowed under state election statutes. The law, tailored to be effective only for this contest, will allow Maryland officials to skip a step in the state’s special election process following the upcoming resignation of eight-term Democratic Rep. Albert R. Wynn .

O’Malley, in a statement released Thursday announcing his signing of the bill, said he would issue a proclamation Friday establishing June 17, a Tuesday, as the special election date. That date would conform to the procedure embodied in the new law.

The law authorizes O’Malley to issue a proclamation, setting the special general election date, within 10 days after the date that “an office of representative in Congress becomes vacant or the governor accepts a written notice from the representative announcing a future date of resignation.” The date would have to fall between 36 days and 60 days after the notification, which he received from Wynn last week. The law also requires O’Malley to set deadlines for the candidates nominated by their parties to qualify for the ballot. ...

District Republicans are likely to opt for Peter James, a technology consultant who won the Feb. 12 GOP primary to face Edwards in the November election. James, though, has said he might sue to block the new law, charging that district residents’ right to choose party nominees in a primary is being abridged and that the legislation creates a short time frame that would restrict the ability of third-party candidates to gather enough signatures to qualify for the special election ballot.

The law allows the Democratic and Republican central committees in each of the two counties to recommend candidates to run as the parties’ nominees in the special election. A candidate is automatically nominated if both counties agree on their choice. If not, then the party’s state central committee would make the final decision. --
CQ Politics | Maryland House Special Election to be Held June 17

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The Birmingham News reports: Three Jefferson County residents asked the Alabama Supreme Court Thursday to quickly overturn a Circuit Court judge's ruling that William Bell is entitled to be the District 1 county commissioner.

Lawyers for Patricia Working, Rick Erdemir and Floyd McGinnis filed a notice of appeal to the state's high court and recommended a March 28 deadline for written legal arguments.

They requested an expedited review of Judge Scott Vowell's ruling Tuesday against them and Gov. Bob Riley in a dispute over how to fill the commission seat held by Larry Langford before he resigned to become Birmingham's mayor. -- Jefferson County residents ask Alabama high court to quickly overturn county commissioner ruling- al.com

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The Birmingham News reports: William Bell is entitled to be the District 1 representative on the Jefferson County Commission, Circuit Court Judge Scott Vowell ruled Tuesday.

The case will next go to the Alabama Supreme Court. The state's high court must lift an injunction before county election officials can certify Bell as the winner of the Feb. 5 special election to replace Larry Langford.

Three county residents, only one of whom lived in District 1, challenged the election date in a suit filed Jan. 31. Albert Jordan, a lawyer for the plaintiffs, said he would file an appeal today. ...

Vowell's decision Tuesday upheld a state law that allows special elections - in Jefferson County only - when an office is vacated. The judge also ruled that Gov. Bob Riley did not have authority to appoint George Bowman to the commission. ...

A spokeswoman for Riley said he also would appeal. -- Judge rules William Bell is District 1 representative on Jefferson County Commission; case goes to state Supreme Court- al.com

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The New York Times reports: Senator John McCain said Thursday that he had no concerns about his meeting the constitutional qualifications for the presidency because of his birth in the Panama Canal Zone. A Democratic colleague said she wanted to remove even a trace of doubt.

The Democrat, Senator Claire McCaskill of Missouri, introduced legislation that would declare that any child born abroad to citizens serving in the United States military would meet the constitutional requirement that anyone serving as president be a “natural born” citizen. ...

Traveling on his presidential campaign, Mr. McCain, Republican of Arizona, said that he was convinced he was eligible under the natural-born definition and that from his perspective the matter had been reviewed and settled in earlier campaigns. Mr. McCain was born in 1936 on a military base in the Canal Zone, where his father, a Navy officer, was stationed at the time. ...

Ms. McCaskill said that her legislation should be noncontroversial and that Congress should move rapidly to clear up any ambiguity. She acknowledged there could be some who believe the only route to resolve the confusion is through a constitutional amendment. -- Bill Would Remove Doubt on Presidential Eligibility - New York Times

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The New York Times reports: Did Senator John McCain of Arizona benefit unfairly from rules that automatically placed him on the ballot in Ohio once he qualified for public campaign financing?

The legal question, which also has political significance given Mr. McCain’s reputation for crusading against the influence of money on elections, is being raised by Democratic Party officials ahead of the Ohio Republican primary next Tuesday now that the McCain campaign has decided to pull out of public financing.

The issue emerged Monday in a complaint that the Democratic National Committee filed with the Federal Election Commission questioning Mr. McCain’s right to withdraw from the system and bypass the spending limits that come with it. ...

Second, the [Democratic] officials object to the way Mr. McCain used his certification for federal matching money to get on the ballot in states like Ohio and Delaware. That certification allowed him to bypass the signature collection usually required to get on the ballot, and saved the campaign money — which should bar him from withdrawing from the system, the Democrats say. -- Democrats Raise Legal Point Over McCain and Ohio as He Opts Out of Public Money - New York Times

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AP reports: Michael Bloomberg may soon begin a massive operation to get on the ballot in up to 15 states even though the billionaire mayor may not decide until May whether to run for president, according to associates.

Despite John McCain's widening lead in the Republican race, an imminent ballot deadline for third-parties in Texas and a recently expanded denial of interest from Bloomberg himself, these associates say the mayor and his operatives are actively laying necessary groundwork for an independent campaign and are in no hurry to decide whether or not to run.

Bloomberg's political operatives have spent several months assembling the skeleton of a nationwide ballot-access movement, one confidant of the mayor told The Associated Press.

Bloomberg's evaluation of his own plans could stretch all the way into May, contrary to conventional wisdom that he would make up his mind after Super Tuesday, said Doug Schoen, who was Bloomberg's pollster in his mayoral campaigns and remains part of the mayor's inner circle. -- GazetteXtra

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From a Reform Institute press release: Raising large sums of money, building an organization and attracting grassroots support are among the many challenges facing those who seek the highest office in the land. However, one of the greatest obstacles to candidates for the presidency is simply getting their name on the ballot. Presidential Ballot Access: State by State Report Card, a new report from the Reform Institute, a nonpartisan public policy group, provides a comprehensive analysis of the complex and often overwhelming process of getting a candidate placed on the ballot in all fifty states.

The report finds that campaigns face a daunting task in navigating the varied and sometimes Byzantine procedures required by each state. For Independent and third party candidates, the undertaking can be downright Herculean. These candidates often face considerable obstacles, such as petition signature requirements that are higher than those required for candidates from the major parties. The result is that electoral competition and correspondingly, voter participation, suffers.

“We are currently seeing in both the Democratic and Republican primaries that when the contests are competitive and voters have real choices, voter participation is strong and interest and involvement in the process increases significantly,” stated Cecilia Martinez, Executive Director of the Reform Institute. “As more voters become dissatisfied with politics as usual and look beyond the two traditional parties for solutions, it is critical that they have ample options on the ballot.”

Presidential Ballot Access provides a state-by-state examination of ballot access requirements and grades each state on whether the rules are reasonable and equitable across party lines. The report card focuses on petition signature requirements and registration fees because they are consistent variables across states and they represent the most common means of limiting ballot access. -- Limiting Ballot Access Means Limiting Voter Choice

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The New York Times reports: The challenge to New York’s method for choosing candidates to run in judicial elections ended in failure at the United States Supreme Court on Wednesday when not a single justice accepted the plaintiffs’ claim that the system was unconstitutional.

Voting 9 to 0, the court overturned a 2006 ruling by the federal appeals court in New York that declared the party convention system for choosing nominees to the state’s trial court unconstitutional. The case, brought in early 2004 by a group of voters, unsuccessful judicial candidates, and the civic group Common Cause, had shaken the state’s judicial politics.

The appeals court had ordered the state to substitute a direct primary election for the judicial convention system, which it said deprived candidates who lacked the backing of party leaders of a realistic chance of getting on the ballot. The order was held up awaiting the Supreme Court’s decision.

Justice Antonin Scalia’s succinct 12-page opinion for the court was dismissive of what he characterized as the lawsuit’s premise. “None of our cases establishes an individual’s constitutional right to have a ‘fair shot’ at winning the party’s nomination,” he wrote. -- Justices Uphold New York’s Judge System

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The Clarion-Ledger reports: First District U.S. Rep. Roger Wicker was appointed by Gov. Haley Barbour to fill the Senate seat vacated by Trent Lott at a news conference in Jackson this morning. ...

Barbour’s decision will leave a new vacancy — this time in the U.S. House of Representatives that will have to be filled by a special election. ...

Meanwhile, the status of a dispute between state Attorney General Jim Hood and the governor over the timing of the special election is unclear.

Hood has said it should be within 90 days after the appointment. He has said he would file suit in Hinds County Circuit Court if the two men could not come to some agreement on the issue. -- Barbour names Wicker to Senate seat | clarionledger.com | The Clarion-Ledger

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The Birmingham News has a profile of Fred Plump, the plaintiff in the suit against Gov. Riley's appointment of a county commissioner: Fred Plump looks out for the underdog.

When a guy he knew was sure to get pummeled by friends in the neighborhood, Plump took a stand and walked him to safety.

"I knew they were wrong," Plump said. "So, I decided to walk this guy clean out of the neighborhood, stepping out with my neck on the line. When I saw things that were not right, I was always standing up for others."

Plump, of Fairfield, filed a federal discrimination lawsuit in the early 1970s when he sought to become a Birmingham firefighter after passing the firefighter's exam, but was passed over for a spot. -- Activist Fred Plump relishes fight with Gov. Riley over Jefferson County post- al.com

Disclosure: Mr. Plump is represented by Jim Blacksher and me in the suit against Riley.

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The Talladega Daily Home reports: Attorneys for Talladega County Circuit Judge Chad Woodruff, attorney Buddy Campbell and members of the Talladega County Judicial Selection Committee have filed a motion with the state Supreme Court asking that body to reconsider a 7-2 decision essentially voiding Woodruff’s election.

In a Nov. 30 decision, a unanimous court held that a 2006 act providing for a gubernatorial appointment of Talladega’s third circuit judgeship was unconstitutional. Seven of the justices, however, held that the unconstitutional portion of the law was severable from the rest of it, meaning the position is to be filled by election in 2010.

Woodruff was elected in 2006 and sworn in in February of this year, after a circuit court ruling that the appointment language was unconstitutional and unseverable. This ruling was appealed and partially reversed by the Supreme Court.

Woodruff qualified for the office after the appointment bill had been passed by the Legislature but before it had been signed into law by the governor. -- Motion filed asking court to reconsider decision voiding Woodruff's election

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The Prattville Progress reports: Autaugaville officials have filed a suit in Autauga County Circuit Court seeking the re­moval of a town council member who has yet to resign her elected position although she has lived in another state for nearly two years.

According to a Complaint for Declaratory Judgment filed in November, Latanya Cyrus has missed 11 of 21 regularly sched­uled town council meetings held between the time she was elect­ed in 2004, and June 2007. She has attended no meetings since December 2005, according to the suit.

The court filing also con­tends that in June town officials sent a certified letter to Cyrus, who now lives in Dallas, Texas, asking that she voluntarily re­sign her seat. She failed to re­spond to the request. The suit asks that Circuit Court Judge John B. Bush declare the coun­cil member's seat vacant in or­der that a replacement can be named.

Mayor F.B. Ward said Thurs­day that the town took the legal action in order that Cyrus's re­placement could assume the seat far in advance of next year's election and become familiar with the administration of town government. -- montgomeryadvertiser.com :: Suit filed to remove absentee member from town council

Hat tip to Doc's Political Parlor.

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Doc's Political Parlor reports: Sid Browning, Supervisor of Elections for Jefferson County, told the Parlor this week that the county is preparing to hold a special election on February 5th though the Governor has already appointed a replacement to fill the vacated County Commission seat. Larry Langford created the vacancy when he left the commission after winning the Birmingham mayor’s race. Governor Bob Riley has already appointed George Bowman to serve in the seat, but his authority to do that is being challenged in court by Fairfield resident Fred Plump.

The Jefferson County Election Commission “would be remiss not to prepare for the election” given the 1977 Act that, in the Commission’s understanding, calls for an election to replace Langford, said Browning. A 2004 law authorizes the governor to fill county commission vacancies by appointment but excludes counties, such as Jefferson, with their own rules for special election. Riley’s administration claims that the 2004 law voids the 1977 law that specifies Jefferson County fills vacancies with elections.

The Riley administration has lost a similar case in Mobile County pending appeal to the U.S. Supreme Court. Browning told the Parlor that he sees no substantive difference between the Mobile County and Jefferson County cases. -- Two Trains Going Down Two Tracks

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