The Birmingham News reports: A Jefferson County Judge this afternoon dismissed a lawsuit claiming Birmingham City Councilwoman Valerie Abbott was serving illegally because she works for a utility.

In his lawsuit filed in October 2009, Paul Latino asked the judge to remove Abbott from office and reimburse him for any taxes he paid that went toward her salary. At issue was Abbott's full-time job at AT&T. Latino's lawyers said her employment with the utility violates portions of the Mayor/Council Act and the Alabama Code.

In addition, the suit cited a section in the State Code as well as Section 8.06 of the Mayor Council Act, which prohibits a council member from working for a utility while in office. ...

Abbott called criticism about her employment misguided. Although she works at AT&T, she officially works for BellSouth Affiliate Services Corp., a spin-off company from the utility that does not provide phone service or is a regulated utility. In his ruling, Judge William Noble agreed with Abbott's defense . -- Read the whole story --> Jefferson County judge tosses suit arguing Birmingham Councilwoman Valerie Abbott serves illegally | al.com

Posted by Ed at 11:15 AM | Permalink | Comments (0) | TrackBacks (0)

The Times Daily reports: Lauderdale County voters will decide in November if they want to separate the commission chairmanship from the probate judge.

Florence attorney Chris Smith, counsel for the Lauderdale County Commission, said he received written approval from the U.S. Justice Department. ...

A bill, allowing the public to vote on the issue, was introduced by state Rep. Mike Curtis, D-Greenhill, during the 2010 legislative session.

County officials said the ballot will prompt voters to decide if they want two people to handle the positions. Read the whole story --> Voters to decide on chair, probate judge separation | TimesDaily.com | The Times Daily | Florence, AL

Posted by Ed at 9:10 AM | Permalink | Comments (0) | TrackBacks (0)

Corporations are People Too! announces: In a stunning and alarming decision that could have wide-ranging consequences to the electoral process, the Maryland Board of Elections again defied the Supreme Court and rejected Murray Hill Inc.'s voter registration for the second time.

The Maryland State Board of Elections' 438-word written opinion denied Murray Hill Inc.'s appeal of the board's initial refusal to register the corporation. The board's rejection memo concluded that "Under Sec.3-102 of the Election Law Article, Annoted Code of Maryland, only "an individual" is qualified to register to vote."

Murray Hill filed for voter registration in January 2010. The state rejected the application in March and today denies an appeal filed in early April.

In a statement, Murray Hill Inc. said, "This is the same old anti-corporate bigotry and cultural myopia that refuses to accept the new world the Supreme Court has charted for us in Citizens United v. Federal Elections Commission. We are shocked and outraged by this attack on our fundamental and inalieanble rights to life, liberty, and the pursuit of happiness by profit."
Citing what Murray Hill Inc. has previously called the canard of human-only age requirements, the Board of Elections wrote, "Although a corporation may in some instances be a 'person' within the meaning of Maryland law, see Article 1, Sec. 15, Annotated Code of Maryland, a corporation is not included within the term 'individual,' as that term is used in Election Law Article, Sec. 3-102. This is made abundantly clear by the age requirement of Sec. 3-102 (a)(2)." Read the whole press release --> Corporations are People Too!: voter registration release

The decision is here:
Murray Hill BOE Rejection Decision (1)

Posted by Ed at 6:58 AM | Permalink | Comments (0) | TrackBacks (0)

Four bills are up for hearing today in the Alabama House Committee on Constitution and Elections:

HB 30 -- Elections, overseas absentee voting, Electronic Overseas Voting Advisory Committee, established to advise whether secure electronic means of voting available, duties of absentee election manager, overseas voter certificate required, Secretary of State to implement rules

HB 85 -- Campaign contributions, PAC to PAC transfers, prohibited, Sec. 17-5-15 am'd.

HB 129 -- Electioneering communications and paid political advertising, disclosure of source of funding required, exceptions, contributions by political committees further provided for, Secs. 17-5-2, 17-5-8, 17-5-12 am'd.; Act 2009-751, 2009 Reg. Sess. am'd.

HB 145 -- Elections, write-in candidates, registration with judge of probate or Secretary of State prior to election required, compliance with Fair Campaign Practices Act and State Ethics Law required, Sec. 17-6-28 am'd

Note -- to view the Alison system, you must be using Internet Explorer or the IE Tab add-on to Firefox.

Posted by Ed at 9:59 AM | Permalink | Comments (0) | TrackBacks (0)

From a press release of the Alabama Democratic Party: The State Democratic Executive Committee of Alabama will meet at 11:00 AM on Saturday, January 16 in the Main Hall of Montgomery's RSA Commerce Center, 401 Adams Ave., to pass a resolution officially opening the qualifying period for the June 1, 2010 Democratic Primary. Members of the media, candidates, and the public are welcome to attend. The qualifying period is set to close at 5:00 PM on April 2, 2010 at the Alabama Democratic Party headquarters in Montgomery. ...

Though qualifying has not yet opened, a slate of impressive candidates from across the state have already been gearing up for a spirited primary season. An unofficial list of candidates who have expressed their intent to run is available at the Party website (www.aladems.org) under the Directory for 'Candidates'. The Party will update that list as candidates officially qualify for office.

Posted by Ed at 11:31 AM | Permalink | Comments (0) | TrackBacks (0)

The Montgomery Advertiser reports: A lawsuit challenging the constitutionality of a law that imposes residency requirements on candidates running for circuit judge in the 19th Judicial Circuit could be headed to the Alabama Supreme Court. But first, Montgomery Circuit Court Judge William Shashy has to rule on the case.

Attorney Jerry M. Blevins filed a lawsuit against Secretary of State Beth Chapman because of a 2008 change to state law that would require him to live in a specific county in the 19th Judicial Circuit to be a candidate for one of three judge positions. -- Read the whole story --> Man sues over candidacy law | montgomeryadvertiser.com | Montgomery Advertiser

Posted by Ed at 9:29 AM | Permalink | Comments (0) | TrackBacks (0)

WBHM reports: Birmingham Mayor Larry Langford's trial is underway. As Langford's fate hangs in the balance at the Tuscaloosa federal courthouse, many in Birmingham wonder what will happen to his job as mayor if he's convicted. WBHM's Bradley George takes a look at some of the possibilities. ...

Birmingham-Southern political scientist Natalie Davis says the succession part of the Mayor-Council Act was written with the possible death of a mayor in mind, not so much a criminal conviction.

'To the extent that there might be these little tripwires along the way, as far as the timing of this stuff happens, I doubt anybody gave that any thought.

The biggest hang up has to do with a possible verdict in Langford's trial. Attorneys expect the trial to last about two weeks--meaning the Tuscaloosa jury could reach a verdict sometime in early November. If he's guilty, Langford would be removed from office and city council president Carole Smitherman becomes mayor. But election lawyer Ed Still says Smitherman won't have much time to get comfy in the mayor's seat.

'The president of the council only serves until the new people take office.'

The 'new people' would be the two new council members elected this year. They take office the end of November. The new council could decide to keep Smitherman as president, or they could pick someone else. If that's the case, the new council president becomes Birmingham's THIRD mayor of 2009. Oh and here's the other thing about the City Council president becoming mayor. Ed Still says their council seat goes into a kind of suspended animation. The seat is vacant as long as the council president serves as mayor.

'Her seat can't be filled because she's going to come back to it. If she says immediately, 'I'm going to run for mayor', her seat can't be filled because theoretically she can come back to it because if she doesn't win the special mayor's election.' -- Read the whole story --> If He's Found Guilty, Who Succeeds Langford? (WBHM - NPR News and Classical Music)

Posted by Ed at 1:58 PM | Permalink | Comments (0) | TrackBacks (0)

Ballot Access News reports: On July 23, U.S. District Court Mark Fuller, a Bush, Jr., appointee, upheld the number of signatures required for an independent U.S. House candidate in Alabama. Shugart v Chapman, middle district, 2:08-cv-1016-MEF. Here is the 7-page decision.

Alabama requires 5,000 signatures for an independent presidential candidate, but in 2008 it required 6,155 for an independent U.S. House candidate in the 6th district. Alabama is the only state that requires more signatures for any independent candidates for U.S. House than it requires for an independent candidate for President. -- Read the whole story and get the link --> Ballot Access News » Blog Archive » U.S. District Court in Alabama Says State May Require More Signatures for U.S. House than for President

Posted by Ed at 8:21 PM | Permalink | Comments (0) | TrackBacks (0)

The Montgomery Advertiser reports: The Alabama Legislature has passed a bill to set minimum expe­rience requirements for judges.

The House gave final approval Thursday to a bill that requires a state appeals court judge to have been a lawyer for at least 10 years. Circuit judges would need five years' experience and district judges three years. The require­ments will take effect for judicial candidates in next year's elec­tions. Current judges are exempt. -- Alabama legislators set experience for judges | montgomeryadvertiser.com | Montgomery Advertiser

Posted by Ed at 2:08 PM | Permalink | Comments (0) | TrackBacks (0)

Republicans block nonpartisan judicial elections - NewsFlash - al.com
AP reports: "Republicans block nonpartisan judicial elections." In Alabama we have a strange creature called a "local constitutional amendment" by which the voters of one city or county can amend the state Constitution. That is what Rep. Jeff McLaughlin of Guntersville (in Marshall County) was proposing: a local constitutional amendment for Marshall County to allow its judges to run in nonpartisan elections.

The amendment failed by a vote of 50-0. It needed 63 votes (60% of the House's total membership) to pass. The Republicans abstained to kill it.

Posted by Ed at 11:48 AM | Permalink | Comments (0) | TrackBacks (0)

TPM DC reports: Rep. Bill Posey, a freshman Republican from Florida, is now putting forward a bill that should be good news for a particular demographic that cares a whole lot about their issue: Those folks out there who insist that President Obama hasn't offered a birth certificate to prove he's a natural-born U.S. citizen.

CNN reports that Posey has submitted a bill to require all presidential candidates to submit a birth certificate -- which Posey says is needed in order to remove this issue as a reason to question any president's legitimacy. ...

Posey's spokesperson told CNN that Posey takes President Obama's word for it that he's a citizen: "This was not meant as an insult to the president. It is simply meant as a way to clarify future election laws and to dispel the issue so we can move on with doing business for the country." -- TPMDC | Talking Points Memo | GOP Rep Submits Bill To Require Birth Certificates From Prez Candidates

A copy of the bill is here.

Comment: Why doesn't Rep. Posey amend the bill to add candidates for Congress as well? What "other documentation" will be necessary to prove the other constitutional qualification of 14 years' residence in the United States?

Posted by Ed at 2:46 PM | Permalink | Comments (1) | TrackBacks (0)

McClatchy Newspapers reports: Ever since Alaska Gov. Sarah Palin opened up a political action committee yesterday, there's been a lot of speculation about why her name suddenly is popping up in the Federal Election Commission database as a candidate for president in 2012. (To see for yourself, click here, search for "Palin," and you'll get a list of committees with her name on them, including this one, which describes her as a candidate for president in 2012.) It's especially eyebrow-raising since a spokeswoman for Palin's new political action committee said yesterday that the new PAC is emphatically not a presidential exploratory committee for the former vice presidential candidate.

Here's how it happened: On Nov. 20, David L. Kelly of Colorado Springs, Colo., filed a statement of organization for a federal election committee: the 2012 Draft Sarah Committee. When Kelly did so, in the section that describes the type of committee it is, he checked off a box saying "this committee supports/opposes only one candidate, and is NOT an authorized committee." He wrote in "Sarah Palin" as the name of the candidate his committee either supports or opposes.

Basically, when the "2012 Draft Sarah Committee" wrote in Palin's name on its form, she got automatically entered into the FEC database as a candidate for president in 2012. Anyone whose name was entered in the form would have been designated as a candidate. -- More on Palin and the presidency - Yahoo! News

Posted by Ed at 7:15 PM | Permalink | Comments (0) | TrackBacks (0)

The Montgomery Advertiser reports: An Elmore County man is suing the state's top election official over a law that imposes residency requirements on candidates running for circuit judge in the 19th Judicial Circuit.

Attorney Jerry M. Blevins filed a lawsuit against Secretary of State Beth Chapman because of a recent change to state law that would require him to live in a specific county in the 19th Judicial Circuit to be a candidate for one of the three judge positions.

The 19th Judicial Circuit covers Autauga, Chilton and Elmore counties, and an amendment that passed the state Legislature during the 2008 regular session requires judges to live in the county over which they preside.

Blevins wants to run for the No. 3 judge seat in 2010, but because of the change to the law, he would have to live in Chilton County to be eligible.

Under the new amendment, Blevins would only be eligible to run for seat No. 1 because he lives in Elmore County. -- Man sues to be in race for judgeship | montgomeryadvertiser.com | Montgomery Advertiser

Posted by Ed at 5:56 PM | Permalink | Comments (0) | TrackBacks (0)

The Hill reports: The Illinois state House is set to reconvene Monday to consider a bill that would fill President-elect Obama’s old Senate seat by special election, according to a spokesman for Illinois state House Speaker Michael Madigan (D). ...

Top Illinois Democrats including Sen. Dick Durbin have advocated the special election since Gov. Rod Blagojevich (D) was arrested early Tuesday and accused of corruption. Blagojevich maintains the ability to appoint Obama’s successor, but is accused of trying to profit from his selection. -- Illinois House to consider special election

UPDATE: The Chicago Tribune reports:

Illinois legislative leaders today prepared to strip Democratic Gov. Rod Blagojevich of his power to fill the state's vacant U.S. Senate seat after he was charged with political corruption.

House Speaker Michael Madigan and Senate President Emil Jones said they want lawmakers back in Springfield early next week to consider legislation that would allow for a special election to choose a successor to President-elect Barack Obama.

State law gives the governor alone power to name the successor, but lawmakers announced their plans just hours after federal prosecutors accused Blagojevich of trying to sell the U.S. Senate seat for his personal gain. -- Lawmakers call for election to replace Obama

Posted by Ed at 4:03 PM | Permalink | Comments (0) | TrackBacks (0)

The NY Times reports: Without comment, the Supreme Court on Monday declined to take up an appeal by a New Jersey man who questioned President-elect Barack Obama’s eligibility for the presidency, based on his birth to a father from Kenya and a mother who was a United States citizen.

The case, originally brought in New Jersey courts by Leo Donofrio of East Brunswick, contended that Mr. Obama could not be considered a “natural-born citizen” — a constitutional ground for becoming president of the United States — contending that he had dual nationality at birth.

State health officials in Hawaii have declared that Mr. Obama was born there in August 1961, and is a United States citizen, but that has not stopped a small squall of Internet-fueled rumors that are trying to debunk his citizenship. -- Justices Turn Back a Challenge on Obama

Posted by Ed at 8:04 AM | Permalink | Comments (0) | TrackBacks (0)

BaileyWo writes on the Open Salon blog: Alan Keyes, 2008 American Independent Party candidate, filed a lawsuit in California Superior Court Friday challenging Barack Obama's right to serve under the Constitution that specifies that candidates for the presidency must be "natural born" citizens of the United States.

The suit demands that Obama produce a certificate of live birth from a hospital in Hawaii to prove his status as natural born. More specifically, the suit petitions the State of California and it's Secretary of State to withhold Californian's electoral votes from Obama at its meeting of electoral delegates in December unless he can provide documentary proof of his "natural born" status.

The suit asserts that the Hawaiian hospital that claims it holds the certificate on file but will not release it has not provided sufficient evidence to show proof of "natural born" citizenship. Under Hawaiian law, a birth certificate can be issued in Hawaii if the parents are citizens of Hawaii but the child does not actually have to be born in Hawaii. The suit asserts that if this was the basis for issuance of Obama's certificate it does not meet the requirement that he be a "natural born" citizen under the United States Constitution. -- Alan Keyes Files Challenge to Obama's "Natural Born" Status - BaileyWo - Open Salon

The blog has a link to the complaint.

Posted by Ed at 3:32 PM | Permalink | Comments (0) | TrackBacks (0)

An AP report begins: U.S. Sen. Ted Stevens' political fate could be up to his colleagues if a jury decides the Senate's longest-serving Republican has violated the law.

Stevens is to go on trial after being accused of failing to disclose more than $250,000 in home renovations and gifts from executives at oil services contractor VECO Corp. Stevens has pleaded not guilty.

If Stevens is convicted in his federal trial next month, his name will still appear as the Republican candidate for Senate on Alaska's November election ballot.

And if the 84-year-old Stevens then wins his seventh full term and refuses to resign, it could fall to his colleagues to decide whether he should be expelled. -- Senate might have final say if Stevens convicted - Yahoo! News

Posted by Ed at 7:33 AM | Permalink | Comments (0) | TrackBacks (0)

A Birmingham News report begins: The Jefferson County Republican Party asked a judge Wednesday to include Andrew Smith's name on the November ballot for the unexpired assistant tax assessor's term in Bessemer although Smith didn't qualify for the spot.

The party is seeking to overturn a decision made in July by Jefferson County Probate Judge Alan King who determined that Smith's name could not be added to the ballot because he missed the qualifying deadline. Smith qualified to run only for the full term. Only Democrat Ron Yarbrough qualified to run for the unexpired term.

Bessemer Division Circuit Judge Eugene Verin said he would issue an order by Tuesday.

In a hearing before Verin, Republican Party lawyer Greg Cook said a technicality is keeping Smith's name off the ballot for the unexpired term and that miscommunication between Smith and the party "should not override the right of voters to have a choice." -- Jefferson County Republicans still push for Andrew Smith name on tax post ballot - al.com

Posted by Ed at 7:55 PM | Permalink | Comments (0) | TrackBacks (0)

The Washington Post reports: Alaska's Republican voters go to the polls Tuesday to decide whether a pair of GOP incumbents with a combined 75 years in Congress should continue to be the dominant figures in state politics as they battle criminal investigations.

Sen. Ted Stevens, who was indicted last month on charges of failing to disclose favors from a wealthy supporter, and Rep. Don Young, who is facing multiple ethics investigations, face younger Republicans who contend that it's time for Alaska to move beyond the scandals that have plagued the state. ...

The Stevens race presents Republicans with the most delicate problem. Charged with failing to report more than $250,000 in gifts from former Veco chief executive Bill Allen Jr., Stevens is slated to go on trial Sept. 22. If he wins Tuesday's primary, Stevens would face a tough general-election battle against Anchorage Mayor Mark Begich (D) but would have to spend most of the final days of the campaign in a D.C. federal court. Prosecutors and defense attorneys have said they expect the case to take at least four weeks before it goes to a jury.

Marc Elias, a Democratic election lawyer, said Republicans would have until mid-September under Alaska law to replace Stevens on the ballot if he wins the primary. Otherwise, they face the prospect of having a convicted felon on the ballot Nov. 4. -- Alaskans Vote Today in Pivotal Republican Primaries - washingtonpost.com

Posted by Ed at 6:58 AM | Permalink | Comments (0) | TrackBacks (0)

SCOTUSblog reports: Supreme Court Justice David H. Souter, in a brief order Wednesday afternoon, turned down a request that would have given an independent candidate in Maine for the U.S. Senate a place on the Nov. 4 ballot for that office. Souter acted without referring the stay application to his colleagues. There was no written opinion, just a simple denial order. The Justice’s action appears to assure the state’s two major party candidates, incumbent Sen. Susan Collins, a Republican, and her Democratic challenger, Rep. Tom Allen, that they will not have to worry about an independent drawing votes away from them. Sen. Collins is considered by political analysts to be one of the vulnerable GOP Senators seeking reelection. Hoffman’s counsel could still go ahead with plans to file a full appeal on the ballot access issue, but Souter’s action probably reduces significantly the chances that such an appeal would succeed, or that a final ruling could come in time. Maine officials say the ballot must be finalized by Aug. 29. -- UPDATE: Souter refuses to order ballot access

Posted by Ed at 7:55 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 9:09 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 7:48 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 7:25 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 8:09 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 8:26 AM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 7:13 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 8:59 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 11:40 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 7:29 AM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 1:43 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:31 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:29 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 4:54 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 6:34 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 4:37 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 7:16 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:24 AM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 10:06 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:57 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 2:44 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:53 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:59 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 7:41 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 8:50 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 5:37 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 5:30 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 9:16 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 9:40 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 9:29 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 6:38 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 7:42 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 4:56 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 6:27 AM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 8:38 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Posted by Ed at 1:49 PM | Permalink | Comments (0) | TrackBacks (0)

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

Posted by Ed at 9:17 PM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: Patrick Cooper's appeal challenging Larry Langford's election as Birmingham mayor may be argued before the Alabama Supreme Court by mid-January, one of Cooper's lawyers said Tuesday.

Cooper filed notice last week that he would appeal a Jefferson County judge's ruling upholding Langford's Oct. 9 election, when he won 50.3 percent of the vote in a 10-person race.

On Tuesday, Circuit Judge Allwin Horn ordered an expedited deadline of Dec. 12 to prepare the trial transcript and court record and file it with the Alabama Supreme Court, said Jim Ward, one of Cooper's lawyers.

Ward said he plans to ask the Alabama Supreme Court to fast-track the schedule for Cooper's and Langford's sides to file briefs. -- Patrick Cooper wants appeal to be fast-tracked in suit challenging Larry Langford's election as Birmingham mayor- al.com

Posted by Ed at 12:07 PM | Permalink | Comments (0) | TrackBacks (0)

The Talladega Daily Home reports: In a 7-2 decision published Friday, the Alabama Supreme Court voided the election of Chad Woodruff to the office of Circuit Judge Place 3, overturning a circuit court ruling from February.

Chief Justice Sue Bell Cobb and Justice Tom Parker dissented.

The majority of the court agreed the provision of a 2006 act filling the third judgeship by gubernatorial appointment rather than by an election was unconstitutional, but went on to find that the appointment language was severable from the rest of the act, meaning the office is to be filled by election in 2010. ...

During the 2006 regular session of the Legislature, a bill was introduced and passed that would further delay filling the position until 2009, when the governor would make an appointment based on the recommendation of the Talladega County Judicial Selection Committee. That candidate would then stand for election the following year.

Woodruff qualified for the office and was certified as the Democratic Party’s candidate after the 2006 act had passed both houses of the Legislature but before it had been signed into law by the governor. He ran unopposed that November and won more than 14,000 votes. -- Daily Home - State Supreme Court voids election of judge

Posted by Ed at 7:41 PM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: A judge ruled Monday that Larry Langford is a legal resident of Birmingham, rejecting a challenge to his election as Birmingham mayor.

Circuit Judge Allwin Horn ruled against a lawsuit filed by Patrick Cooper, who ran second in the 10-person race but failed to force a runoff.

Cooper contended that Langford never really abandoned his home in Fairfield before seeking the Birmingham office. Mayoral candidates must be older than 25, residents and registered voters.

But Horn ruled that Langford, 59, met residency requirements by renting a downtown Birmingham loft before qualifying and registering both himself and his wife, Melva, as Birmingham voters. -- Birmingham Mayor Larry Langford is a legal resident, can remain in office, judge rules - Breaking News from The Birmingham News - al.com

The News also has the actual decision here.

Posted by Ed at 7:42 AM | Permalink | Comments (0) | TrackBacks (0)

I requested that each of the parties in the election contest, Cooper v. Langford, dealing with the residency of the new Mayor of Birmingham, make their briefs available to me for uploading here. Mayor Langford's side has provided the following:

Brief in support of Motion to Dismiss PDF
Langford Reply Brief PDF
Langford Supplement to Reply Brief (without the attached case) PDF

Posted by Ed at 11:18 AM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: The Jefferson County Election Commission on Monday set a Feb. 5 election to replace Larry Langford on the County Commission.

That action sets up a likely legal showdown with Gov. Bob Riley, who maintains he has the authority to appoint Langford's replacement. ...

"What the Election Commission has done is both illegal and unconstitutional," said Ken Wallis, Riley's chief legal adviser. "They are acting on a law that is invalid."

Wallis said the election officials are wrong to cite the 1977 legislation and are misinterpreting the 2004 act. The 1977 act is void because it was passed before the 2004 law took effect, Wallis said. -- Election set to replace Langford- al.com

Posted by Ed at 7:18 AM | Permalink | Comments (0) | TrackBacks (0)

My co-counsel and I have filed a motion to dismiss or affirm the State of Alabama's appeal in Riley v. Kennedy, No. 07-77 in the U.S. Supreme Court. The State's jurisdictional statement is available here.

The case was brought by my clients under Section 5 of the Voting Rights Act for an injunction against the Governor's appointment of a replacement county commissioner in Mobile County. Our suit asserted that the Governor had not obtained preclearance of an Alabama Supreme Court decision before enforcing it.

Earlier posts are here, here, here, here, and here.

Posted by Ed at 12:45 PM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: The Jefferson County Election Commission plans to hold a special election to replace Larry Langford on the Jefferson County Commission, setting up a potential confrontation with Gov. Bob Riley, who claims he has authority to make the appointment.

Jefferson County voters in District 1 have a right to vote on Langford's replacement when he becomes mayor of Birmingham, Jefferson County Probate Judge Alan King said Wednesday. ...

King said a Jefferson County statute calls for an election to replace an open commission seat. In addition, he said, 2004 state legislation that gives the governor power to appoint specifically excludes counties with their own rules for special elections, such as Jefferson County. ...

Hutchison said Riley, a Republican, gets his authority from 2004 legislation, and the Jefferson County law is void because it was passed before the 2004 law took effect.

Hutchison said new legislation exempting the county from the governor's appointment authority would have to be created to give Jefferson County that right. -- Langford seat election in works- al.com

Posted by Ed at 8:09 AM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: Gov. Bob Riley plans to appoint a replacement for Birmingham Mayor-elect Larry Langford on the Jefferson County Commission, the governor's spokeswoman said Wednesday.

The governor would not specify who might be appointed or how long it would take, said Tara Hutchison. ...

Langford may take over the mayor's office any time on or before the fourth Tuesday in November, according to the city's Mayor-Council Act.

Hutchison said the governor's legal office is of the opinion he has the authority to make the appointment.

But a Jefferson County-only law in the state code calls for a special election when a seat is vacated well before a county election is scheduled. The next election is set for 2010. -- Riley says he'll name Langford successor- al.com

Posted by Ed at 7:51 AM | Permalink | Comments (0) | TrackBacks (0)

Ballot Access News reports: On June 29, the 11th circuit upheld Alabama’s ballot access law for new and minor parties, and for non-presidential independent candidates. That law, first put into effect in 1998, requires a petition of 3% of the last gubernatorial vote. The decision was by Judge Frank Hull, who already had a bad record on ballot access. She had previously upheld Georgia’s district petition requirement of a petition signed by 5% of the number of registered voters, even though no minor party candidate has used that petition for U.S. House in 63 years.

The decision is Swanson v Worley, no. 06-13643. The decision does not mention that a law virtually identical to Alabama’s was declared unconstitutional law year in U.S. District Court in Arkansas. Nor does the decision mention the favorable ballot access in 2006 in Illinois and Ohio, in the 7th and 6th circuits. The decision does not mention the U.S. Supreme Court’s teaching in Storer v Brown, and in Mandel v Bradley, that ballot access laws that are seldom used are probably unconstitutional. -- 11th Circuit Upholds Alabama Ballot Access Law

The opinion is available here.

Thanks to Richard Winger for the tip.

Posted by Ed at 12:49 PM | Permalink | Comments (0) | TrackBacks (0)

After the federal court ordered the Governor to obtain preclearance under the Voting Rights Act before he administers the law requiring appointment of replacement county commissioners, the Justice Department denied preclearance and a request for reconsideration. The Court then granted plaintiffs' motion for relief and denied the State's motion for a stay. The State has now filed a notice of appeal.

However, the Probate Judge has not called the election yet, but has moved to intervene in the federal case and asks the Court to set a schedule for the election that will take longer than the 90 days allowed by the statute. The plaintiffs have just filed a response suggesting a shorter time limit.

Earlier information on the case is here.

Disclosure: Cecil Gardner and Vance McCrary (of the The Gardner Firm in Mobile, AL) and I represented the plaintiffs in that action.

Posted by Ed at 11:28 AM | Permalink | Comments (0) | TrackBacks (0)

The Commercial Dispatch reports: Mississippi's longtime insurance commissioner, George Dale, will be on the Democratic Party primary ballot.

Calhoun County Circuit Judge Henry Lackey on Monday reversed a Mississippi Democratic Executive Committee decision that had blocked Dale from the Aug. 7 party primary.

Lackey said he does not have the power to let Dale run as an independent - a request Dale made after the Democratic Executive Committee, in a 16-6 vote, said in March the commissioner can't run under the party label because he publicly supported President Bush for re-election in 2004. ...

Dale filed a lawsuit challenging the decision. Party officials last month admitted in court it wrongly disqualified Dale and offered to put him on the primary ballot, but he asked Lackey for permission to run as an independent. -- Dale gets spot on Dem ballot, judge rules

Posted by Ed at 7:49 AM | Permalink | Comments (0) | TrackBacks (0)

The Times-Picayune reports: Former U.S. Sen. John Breaux said Friday that he will not be a candidate for governor this year.

Breaux made the announcement just hours after Attorney General Charles Foti declined to issue a legal opinion on Breaux's qualifications to run. A spokeswoman for Breaux said the lack of a definitive ruling persuaded him to back away from a campaign he has flirted with for weeks.

The statement from Foti said "the issue of whether Mr. Breaux has remained a Louisiana citizen for the preceding five years is an issue of fact, and one that appears certain to be litigated. Due to the restrictions imposed by law as well as this office's policies and historical practice, I must refrain from rendering an opinion on the ultimate issue of whether Mr. Breaux meets the qualifications to become a candidate in the governor's race." -- Times-Picayune: Updates: Breaux says he won't run for governor

Thanks to DailyKos for the link.

Posted by Ed at 8:32 PM | Permalink | Comments (0) | TrackBacks (0)

Caribbean Net News reports: The US Virgin Islands moved one step closer to its fifth Constitutional Convention Monday with the announcement that eligible delegate candidates can obtain petitions which will enable them to appear on the ballot for the June 12, 2007, special election.

That announcement was the subject of a press conference held jointly by the University of the Virgin Islands, which is spearheading a public education project in support of the convention, and the Virgin Islands Board of Elections, which will oversee the election process. ...

In presenting his calendar of dates which will govern the election process, elections supervisor John Abramson noted the collaborative activities between his board and the University in making sure that the public is engaged and involved in the work of the convention.

Abramson presented a calendar of dates beginning with April 2, 2007, on which date the petitions become available at election offices throughout the territory and May 16, 2007, by which date all petitions must be returned to the Board of Elections. -- Caribbean Net News: The source for news throughout the Caribbean

Posted by Ed at 7:44 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Allegheny County voters will not get to decide in May whether the sheriff should be appointed rather than elected.

County Judge Eugene B. Strassburger III on Wednesday blocked the proposed referendum, saying the county has to wait five years after its last change to home-rule government to make any new changes.

The county amended its form of government in 2005 by allowing six of 10 previously elected row offices to be appointed. The county tried to bypass the five-year rule by having the decision on the sheriff's position take effect in 2010. -- PennLive.com: NewsFlash - Judge bars May vote on appointing Allegheny County sheriff

Posted by Ed at 8:37 PM | Permalink | Comments (0) | TrackBacks (0)

The Shreveport Times
The Shreveport Times reports: A Republican and a Democrat on Tuesday jointly asked Louisiana Attorney General Charles Foti for a legal opinion on whether former U.S. Sen. John Breaux is a Louisiana citizen and eligible to run for governor this fall.

State Rep. William Daniel, R-Baton Rouge, and state Rep. Eric LaFleur, D-Ville Platte, chairman of the Legislative Democratic Caucus, asked Foti to respond "within the next five days if possible."

Later in the day, another bipartisan pair — state Sen. Noble Ellington, D-Winnsboro, and Rep. Jim Tucker, R-Metairie, chairman of the House Republican Caucus, who said they believe it's clear Breaux isn't a citizen — asked Foti not to issue an opinion, saying it would be improper because it is an issue likely headed for court.

Foti said his staff has been generally looking at the law since the question was raised by the Louisiana Republican Party through an ad campaign ironically developed by a media consultant who has worked for Foti. The attorney general said the research was merely preliminary and his office has only begun researching the specific question. His office will consider Ellington's and Tucker's issues, as well. --

Posted by Ed at 7:55 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports (and reminds me of a story about former Earl Long): Former U.S. Sen. John Breaux said Friday he will run for Louisiana governor if the state attorney general determines he meets the legal requirements to enter the race.

Breaux told The Associated Press he'll give up his lobbying job in Washington, D.C., and begin campaigning if the ruling is in his favor. He said he's aware that he would face tough attacks from Republicans but wants to be governor so he can help Louisiana recover from the 2005 hurricanes. -- NOLA.com: NewsFlash - Breaux: I'll run for governor if AG opinion says it's legal

As soon as I read that first paragraph, I was reminded of one of Earl Long's campaigns. Earl had been committed to the Southeastern Louisiana State Hospital on grounds of mental instability during his last term as governor. While later running for a seat in Congress, Earl is reputed to have said, "I am the only candidate in this race who has a certificate that he is sane." (As a friend used to say, "If it ain't true, it ought to be.")

Posted by Ed at 8:32 PM | Permalink | Comments (0) | TrackBacks (0)

The Washington Post reports: Louisiana Gov. Kathleen Babineaux Blanco (D) announced last night that she will not seek a second term this November, bowing to a political reality created by her handling of Hurricane Katrina in 2005. ...

Attention immediately turned to former senator John Breaux (La.) who is seen as Democrats' strongest potential candidate against Rep. Bobby Jindal, the likely Republican nominee. ...

Charlie Cook, a national political analyst and native son of Louisiana, said it is a "close call" on whether Breaux runs, but he added that recent ads sponsored by the state Republican Party seeking to raise questions about Breaux's residency and eligibility for the office may backfire. The commercials "infuriated" Breaux, according to Cook, and "nudged him toward getting in." -- Louisiana Governor Announces She Won't Seek Reelection - washingtonpost.com

Posted by Ed at 8:19 AM | Permalink | Comments (0) | TrackBacks (0)

Kos writes on DailyDos: A ticker at the top of the WWL-TV website says:

Governor Kathleen Blanco has requested television time tonight for a gubernatorial address that will be carried live on Eyewitness News at 6 p.m.. Sources tell Eyewitness News that Blanco will announce she is not seeking re-election.

Coupled with the sort-of launch of John Breaux's website (just harvesting emails right now), it's clear that Breaux is 1) running, and 2) has muscled Blanco out of the race.

Republicans are already attacking Breaux on his residency issues. That might suggest, among other things, that the state GOP isn't confident they can legally keep Breaux off the ballot. -- LA-Gov: Blanco is out? Breaux is in?

Kos has links to the Breaux website and the GOP ad attacking Breaux (on YouTube).

Posted by Ed at 3:41 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A Montgomery judge has dismissed a lawsuit challenging the election of four powerful Democrats in the Alabama Senate.

Circuit Judge Charles Price ruled he lacked jurisdiction to hear the suit filed against election officials by former Republican appeals court judge Mark Montiel.

Montiel's suit asked the judge to revoke the state certificates of election for the four senators on grounds they did not file the proper campaign finance reports with the Secretary of State for the Democratic primary last June.

In an order received by the attorneys during the weekend, Price sided with arguments raised by attorneys for the Democratic party and attorney general's staff that the four senators are already in office and only the state Senate has jurisdiction over their service. -- Judge dismisses election suit over four Alabama senators | TimesDaily.com | Times Daily | Florence, AL

Posted by Ed at 6:49 AM | Permalink | Comments (0) | TrackBacks (0)

The Advocate reports: U.S. Rep. Bobby Jindal said Tuesday that former U.S. Sen. John Breaux is not eligible to run against him for governor.

Breaux cannot even cast a ballot in the Oct. 20 race because he is registered to vote in Maryland, Jindal said in a telephone interview from Washington, D.C.

“It doesn’t seem to me that he’d be eligible,” Jindal, R-Kenner, said.

Breaux, a Democrat who is said to be nearing a decision on whether to run, declined to comment. -- 2theadvocate.com | Politics | Jindal says Breaux can’t run

Thanks to Taegan Goddard's Political Wire for the link.

Posted by Ed at 4:28 PM | Permalink | Comments (0) | TrackBacks (0)

The New York Sun reports: A City Council member from Queens, Tony Avella, is planning to introduce a bill requiring future council candidates to live in the district they are seeking to represent for at least one year prior to Election Day. He said the legislation is designed to prevent a repeat of the special election blunder in Brooklyn's District 40.

"Living in the district gives you a credible stake in what happens in that neighborhood, as well as knowing what the issues are," Mr. Avella said yesterday. "I truly believe that should be a requirement, and I don't think one year of residency is asking too much."

On Friday, Mayor Bloomberg called for a second special election in the central Brooklyn district after the winner of the first, Mathieu Eugene, refused to cooperate with a council investigation to determine if he was living in the district on Election Day, a requirement to hold office.

The first special election, held February 20, cost $380,470, and the second, scheduled for April 24, is expected to cost the same. Dr. Eugene said last week he is planning to run again. -- Council Candidates Could Face Yearlong Residency Minimum - March 13, 2007 - The New York Sun

Posted by Ed at 8:01 AM | Permalink | Comments (0) | TrackBacks (0)

The New York Times reports: The United States Supreme Court agreed on Tuesday to review New York’s method of selecting candidates to its own Supreme Courts — the 324 judges who have general trial jurisdiction throughout the state and whose nomination to 14-year terms is tightly controlled by a political process that two lower federal courts declared unconstitutional last year.

The lower court rulings, which were stayed until after the 2006 election cycle, have created turmoil in the state’s judicial politics and spurred calls for fundamental change in a system that dates to 1921. The political parties control the nominating conventions, and candidates who are not favored by the parties’ leaders have no chance of getting on the ballot. The actual elections are for the most part uncontested.

From 1994 to 2002, these nominating conventions in the state’s 12 judicial departments chose 568 State Supreme Court candidates, none of whom were challengers to the party favorites. The United States Court of Appeals for the Second Circuit, in a ruling last August affirming a decision issued five months earlier by Judge John Gleeson of Federal District Court in Brooklyn, ruled that the system was so exclusionary as to violate the First Amendment right of the state’s voters to freedom of political association.

“The First Amendment guarantees voters and candidates a realistic opportunity to participate in the nominating phase free from severe and unnecessary burdens,” Judge Chester J. Straub wrote for a three-judge panel of the appeals court. He added that the United States Supreme Court’s election-law precedents “establish that the First Amendment prohibits a state from maintaining an electoral scheme that in practice excludes candidates, and thus voters, from participating in the electoral process.” -- Supreme Court Will Review the Way New York Selects Judicial Candidates - New York Times

Posted by Ed at 8:03 AM | Permalink | Comments (0) | TrackBacks (0)

The Stamford Advocate reports: The secretary of the state is proposing a change that would force candidates to petition their way onto the November ballot weeks before a party primary.

The move would allow voters to know upfront that candidates who lose a primary collected enough signatures to be on the ballot on Election Day.

Secretary of the State Susan Bysiewicz said she is making the proposal after U.S. Sen. Joseph Lieberman collected signatures and formed his own party last summer after it looked likely he could lose the Democratic primary to Greenwich cable entrepreneur Ned Lamont. In the fall election, Lieberman ran as petition candidate and won. ...

Bysiewicz's proposal does not go as far as the "sore-loser" laws, found in more than 40 states, that force candidates to make a choice - either run in a primary or petition their way onto the ballot. ...

Edward Still, an Alabama elections attorney who maintains a Web site and blog called Votelaw, said that if Bysiewicz's new deadline passes, party leaders could establish their own rules preventing primary candidates from running simultaneously as petition candidates.

"That would prevent anybody from having two different choices (and) actually give the change in law some teeth," Still said. -- courant.com | Ballot Controls Proposed For Candidates

Posted by Ed at 9:04 AM | Permalink | Comments (0) | TrackBacks (0)

The Justice Department today objected (under the Voting Rights Act) to 2 decisions of the Alabama Supreme Court. What follows is probably more than you want to know about the background:

Since 1985, the state law applicable to filling vacancies on the Mobile County Commission has swung between gubernatorial appointment and special election.

In 1985, the Alabama Legislature adopted Act 85-237, a local act providing for the election of county commissioners whenever vacancies occurred on the Mobile County Commission. The Alabama Attorney General submitted Act 85-237 for preclearance on 15 April 1985. The U.S. Attorney General issued a “no objection” letter regarding Act 85-237 on 17 June 1985. At this point, Alabama law authorized a special election, and that was the only way to fill a vacancy consistent with the Voting Rights Act.

In the Spring of 1987, a vacancy occurred in the District 1 Commissioner position on the Mobile County Commission. Act 85-237 required a special election if more than one year remained in the term. Since there was more than one year remaining in the term, the election officials of Mobile County called a special election.

Sam Jones and another candidate qualified for the Democratic nomination, and Jones was nominated by the Democratic Party in a special primary. Jones also won the special general election over opposition.

Shortly after the vacancy occurred, a Mobile County voter filed suit to have Act 85-237 declared unconstitutional. The Circuit Court ruled in favor of the constitutionality of the law. On appeal to the Alabama Supreme Court, the Court held that the subject matter of Act 85-237 was subsumed by general law (Ala. Code § 11-3-6) and was therefore invalid under Ala. Const. Art. IV § 105. Stokes v. Noonan, 534 So.2d 237 (Ala. 1988).

Under Hathorn v. Lovorn, 457 U.S. 255 (1982), the State of Alabama or Mobile County should have submitted the Stokes v. Noonan decision for preclearance. Until such preclearance was obtained, neither Mobile County nor the State could legally enforce or administer the change made by Stokes v. Noonan. The State has stipulated that no such submission has occurred (prior to this one).

Gov. Guy Hunt gave Sam Jones a commission of appointment after the Stokes decision. Because the State never obtained preclearance for the Stokes decision before Gov. Hunt administered it by appointing Jones, Gov. Hunt’s action was unnecessary and illegal because Jones’s elected term on the Mobile County Commission had not been terminated.

In 2004, the Legislature adopted Act 2004-455 which amended Ala. Code § 11-3-6 to allow local laws providing methods other than gubernatorial appointment for filling vacancies. The Alabama Attorney General submitted Act 2004-455 for preclearance on 9 August 2004. The Attorney General of the U.S. issued a “no objection” letter regarding Act 2004-455 on 28 September 2004.

The submission of Act 2004-455 mentioned Stokes v. Noonan, but did not state explicitly whether the new Act would have any effect on the previously-precleared Act 85-237.

When Mobile County Commissioner Sam Jones was elected Mayor of the City of Mobile and made plans to resign from his position on the Commission, Reps. Kennedy, Buskey, and Clark filed suit in Montgomery County Circuit Court for relief including a declaration that the vacancy should be filled by special election. The plaintiffs took the position that Act 2004-455 had revived Act 85-237. Eventually, the Alabama Supreme Court decided that Act 2004-455 had a prospective effect only; that is, only local acts passed after the effective date of Act 2004-455 could take advantage of the proviso enacted by that Act.

The benchmark against which to judge the Riley v. Kennedy decision is the situation “in force and effect” immediately before it was decided. Abrams v. Johnson, 521 U.S. 74, 97 (1997); Section 5 Guidelines, 28 C.F.R. § 51.54(b)(1). The benchmark situation was the special-election requirement of Act 85-237 which had been precleared and administered in 1985-87 and reaffirmed by Act 2004-455 (which in turn had been precleared in 2004 and administered in other counties in 2004).

In summary, each time the Legislature has acted to provide for special elections to fill vacancies, the Alabama Attorney General has submitted the act and obtained preclearance. In contrast, the Alabama Attorney General has now belatedly submitted the Alabama Supreme Court decisions for preclearance – only after being ordered to do so by the District Court.

Disclosure: I am one of the attorneys for Reps. Kennedy, Buskey, and Clark.

Posted by Ed at 7:08 PM | Permalink | Comments (0) | TrackBacks (0)

The Shreveport Times reports: A lawsuit challenging U.S. Rep. Jim McCrery's residency should be heard, not in state court, but in U.S. District Court, a Caddo District judge said Monday.

The lawsuit was filed Thursday by Patti Cox, one of three candidates who lost to McCrery in the Nov. 7 election. McCrery won re-election with 57 percent of the vote.

Judge Jeanette Garrett ruled a federal court should determine the matter because McCrery won a federal election.

"This court is divested of jurisdiction of this case," Garrett said Monday morning, minutes after McCrery originally had been set to appear in her court for the suit. -- The Shreveport Times

KTBS 3 reports: U.S. Rep. Jim McCrery of Shreveport Wednesday asked a federal judge to dismiss a lawsuit challenging his residency here, maintaining he is a legal resident of his district and saying Congress -- not the courts -- decides the qualifications for office. ...

McCrery, who sold his house and moved his family to Washington, D.C., in 2004, said residency is not an issue for a judge to decide. -- McCrery moves to dismiss residency challenge

Thanks to Matt Bailey for the tip.

Posted by Ed at 7:22 AM | Permalink | Comments (0) | TrackBacks (0)

The Savannah Morning News reports: Chatham County commissioners had a vexing question to answer Friday: Should county employees be able to run for office, even if it is a non-partisan position they are seeking?

Thunderbolt Mayor Anna Marie Thomas and Garden City Council Member Misty Bethune - who also are county employees - hoped commissioners would answer that query.

Both left hopeful, having voiced their opposition to the idea, but without resolution.

Instead, the commission voted unanimously to table a proposal that seeks to amend the county's personnel ordinance and procedures manual to prohibit employees from seeking any political office. -- County postpones decision on employee policy proposal | SavannahNow.com

Posted by Ed at 8:10 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Sue Bell Cobb, elected Alabama’s first female chief justice after what was likely the second most expensive judicial race in American history, is determined to change more about Alabama’s courts than the gender of the top judge.

Cobb said she hopes to use her six-year term to institute nonpartisan elections for judges in Alabama. ...

Through late October, Cobb had reported raising $2.4 million and Nabers had pulled in $4 million, including his primary race. Republican Justice Tom Parker reported $311,399 in contributions in his losing primary race against Nabers.

Cobb, Nabers and Parker won’t have to report their final totals until January, but the Justice at Stake Campaign, a nonpartisan group that tracks spending in judicial races, said the race appears to be the most expensive court race in America in 2006 and the second most expensive in the nation’s history.

The record of $9.3 million was set in an Illinois contest in 2004, spokesman Jesse Rutledge said.

Cobbs call the cost of the Alabama campaign “indecent.” -- Chief justice-elect urges nonpartisan elections in state

Posted by Ed at 8:06 AM | Permalink | Comments (0) | TrackBacks (0)

The Rocky Mountain News reports: If voters approve a constitutional amendment to limit state appellate court judges to 10 years of service, the makeup of the state Supreme Court would change dramatically in January 2009.

Five of the seven justices currently on the bench would be replaced by nominees selected by the next governor. Seven of the 19 members of the appellate court also would be replaced.

All 12 of the judges who would be replaced were appointees of former Gov. Roy Romer, a Democrat.

Former state Senate President John Andrews, the lead advocate of the measure known as Amendment 40, said limiting judges to 10 years and making them stand for retention more often would hold the judicial branch more accountable. Colorado already has term limits for the legislature and governor's office. ...

But John Moye, former president of the Colorado Bar Association and one of the chairmen of Vote No 40, said removing so many judges at once would create a backlog of cases and allow the next governor to "stack the courts" with members of his political party. -- Rocky Mountain News: Elections

The proposed amendment is only page 32 of the PDF version of the Blue Book.

Posted by Ed at 6:28 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A lawsuit seeking to remove four powerful Democratic senators from the general election ballot must be moved from Autauga County to Montgomery County, a Republican judge ruled Wednesday.

Autauga County Circuit Judge Ben Fuller said the suit must be heard in the capital because it is the location of the secretary of state, Alabama's chief election official and the main defendant in the suit.

The move may make it difficult for the suit to be heard before the election Nov. 7, but the issues could still be argued after the election, attorneys said. ...

The suit argues that the four senators should be removed from the ballot for not filing campaign finance reports during the primary election in June, when they had no opposition. -- Judge orders venue move of lawsuit to oust senators

Posted by Ed at 6:31 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A judge said he will rule Wednesday on whether a Republican attorney can go forward with a lawsuit that seeks to remove four powerful Democratic state senators from the Nov. 7 ballot.

Autauga County Circuit Judge Ben Fuller heard nearly two hours of arguments on the case Tuesday night and told attorneys he would rule by Wednesday afternoon on whether the case was properly filed in Autauga County or must be moved to the seat of state government in Montgomery, as the Democratic Party contends.

The suit, written by former Republican attorney general candidate Mark Montiel, was filed on Friday, Oct. 13 and the judge heard the arguments on Halloween night. ...

Montiel argues that they should be removed for not filing the proper campaign finance reports in the Democratic primary in June. ...

The four senators did not file campaign finance reports in the primary showing their contributions because they had no opposition and that had been the practice in the state. But Attorney General Troy King recently issued an advisory opinion saying the reports should be filed in the future. -- Judge to rule Wednesday in suit to disqualify state senators - Tuscaloosa

Posted by Ed at 9:13 PM | Permalink | Comments (0) | TrackBacks (0)

The Houston Chronicle reports: President Bush, his collar open and his sleeves rolled up, told thousands of cheering Republicans in Sugar Land on Monday to "bring your pencil" to the polls and write in the name of Shelley Sekula-Gibbs to succeed Tom DeLay in the U.S. House. ...

Most voters won't really need a pencil to cast write-in votes because they'll use electronic voting machines. If they write in the councilwoman's name, they'll turn a dial selecting the 18-letter name a character at a time. ...

Sekula-Gibbs is the party-backed write-in candidate to succeed DeLay, R-Sugar Land, who resigned from Congress after winning the Republican nomination for a 12th term. -- Bush tells voters to pencil in candidate

Posted by Ed at 7:49 AM | Permalink | Comments (0) | TrackBacks (0)

Kos has polling results for TX-22, showing that a large number of voters don't even know about the write-in campaign. He concludes: There are two differences in the poll methodology and real life --

1) going into the booth, no one will be listing Sekula-Gibbs as a write-in option. Voters will have to remember the name; and

2) the ballot WILL list Sekula-Gibbs -- as an option in a same-ballot special election to fill the remainder of Tom DeLay's term. People might think voting for her in that special election is enough and forget to write in her name in the general election portion of the ballot. -- Daily Kos: State of the Nation

Posted by Ed at 6:37 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: At a time when the Democrats and Republicans appear so evenly divided that control of many state legislatures hangs in the balance, this Election Day should be a long night of high anxiety.

But the truth is many candidates can turn in early.

Nationwide, more than 30 percent of the roughly 6,100 legislative seats on the ballot already have been decided because the candidates are running unopposed, according to an Associated Press analysis. ...

Forty-seven states in all have legislative contests this fall. In 11 states, more than half of the races for state House and Senate are uncontested. -- Thirty percent of state candidates running unopposed - CNN.com

Posted by Ed at 11:56 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: In a decision that could shake up the race for speaker in 2007, Wake County Democrats have chosen former Speaker Dan Blue to replace the late Rep. Bernard Allen at the General Assembly.

Democratic leaders in the 33rd House District unanimously chose Blue to succeed Allen, who died two weeks ago. The law requires Gov. Mike Easley to follow the wishes of the local Democrats and appoint Blue to the General Assembly.

The decision means that Blue will complete the remaining two months term and receive votes for Allen on the Nov. 7 ballot. Because Allen was unopposed next month, Blue will have the job through 2008. -- Winston-Salem Journal | Ex-speaker Blue will return to House

Posted by Ed at 6:34 PM | Permalink | Comments (0) | TrackBacks (0)

The Washington Post reports: Democrat Douglas F. Gansler's bid for state attorney general is "constitutionally acceptable," a judge ruled yesterday, rejecting a lawsuit that asserted Gansler did not have the 10 years' experience in Maryland required for the post.

Anne Arundel County Circuit Court Judge Ronald A. Silkworth released an opinion declaring that the Montgomery County prosecutor's 17 years as a member of the Maryland State Bar, combined with his legal work in that time, satisfies the standard set in the state constitution. ...

Gansler's Republican opponent, Frederick County State's Attorney Scott L. Rolle, said that he had nothing to do with the suit but that it had been worth pursuing. "It was a constitutional question that needed to be resolved," Rolle said yesterday evening. "If it's been decided in his favor -- no harm, no foul."

The suit was brought by a registered voter, Nikos Liddy of Bowie, who was represented by Rolle's campaign manager, Jason Shoemaker. -- Challenge To Gansler Candidacy Rejected - washingtonpost.com

Posted by Ed at 5:03 PM | Permalink | Comments (0) | TrackBacks (0)

The San Francisco Chronicle reports: A Sacramento judge denied a request by Republicans for a preliminary injunction that would have removed Oakland Mayor Jerry Brown's name from the ballot as an attorney general candidate.

Superior Court Judge Shelleyanne Chang postponed ruling on the merits of a Republican lawsuit challenging Brown on his eligibility to serve as attorney general. The ruling was postponed to sometime after the Nov. 7 election.

The lawsuit claims Brown should not be on the ballot because he was an "inactive" member of State Bar of California from 1997 until 2003.

Chang did not say when in November she would begin court proceedings on the lawsuit, but indicated in a meeting with lawyers that no proceeding would occur until 16 days after Brown has been served. -- SACRAMENTO / Judge rebuffs GOP ballot challenge

Posted by Ed at 6:59 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A judge has scheduled a hearing Oct. 31 for a Republican-backed lawsuit that seeks to disqualify four powerful Democratic state senators who are seeking re-election.

The suit, filed by former Republican attorney general candidate Mark Montiel, seeks to remove from the Nov. 7 ballot Senate President Pro Tem Lowell Barron of Fyffe, Senate Majority Leader Zeb Little of Cullman and Senate budget committee chairmen Hank Sanders of Selma and Roger Bedford of Russellville.

Autauga County Circuit Judge Ben Fuller has scheduled the hearing for Halloween. ...

Montiel argues that the four senators should be removed for not filing the proper campaign finance reports with the secretary of state in the Democratic primary. The four senators said they followed a long-standing state practice of not filing a detailed campaign finance report when a candidate has no primary opposition. -- Hearing set on suit seeking to disqualify Alabama senators - Tuscaloosa

Posted by Ed at 6:24 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A state appeals court on Monday ordered the Columbiana County Board of Elections to cancel its planned Tuesday hearing on Democratic gubernatorial candidate Ted Strickland's right to vote based on a challenge to his residency.

Strickland on Friday filed a lawsuit with the 7th Ohio District Court of Appeals in Youngstown, naming his Republican opponent Ken Blackwell in his role as secretary of state. Blackwell's office had ordered the county board of elections to hold the hearing.

The lawsuit, which also names the board, sought to block the hearing, saying it was ordered 13 days after the challenge to Strickland's residency was filed - beyond a 10-day window in which the state was required to act.

In it's ruling, the appeals court gave Blackwell and others named in the lawsuit until Thursday to challenge the decision. -- AP Wire | 10/23/2006 | Court won't allow hearing on Strickland's residency

Posted by Ed at 9:53 PM | Permalink | Comments (0) | TrackBacks (0)

The Cleveland Plain Dealer reports [regarding the Democratic candidate for governor]: A Lisbon apartment rented by Democrat Ted Strickland above his district office will be the focus of a Columbiana County hearing on a complaint challenging his voting residency.

The complaint seeking to boot Strickland from the voting rolls might endanger his right to vote in November, but is unlikely to disqualify him for the ballot, according to Ohio election law experts.

A letter sent Tuesday by Monty Lobb, assistant secretary of state, instructed the Columbiana County Board of Elections to hold a hearing on an East Liverpool woman's challenge to Strickland, who lists a Lisbon voting address while owning a Columbus condo where he's paid taxes since 2003. ...

After the county elections board deadlocked, 2-2, along party lines on whether to throw out the complaint filed by Jacquelyn Long, Lobb ruled in favor of a hearing.

The ruling by Lobb, whose boss, Republican Secretary of State Ken Blackwell, is running against Strickland for governor, brought howls of indignation from Team Strickland. -- Hearing to address Strickland's residency

Posted by Ed at 7:43 AM | Permalink | Comments (0) | TrackBacks (0)

The Palm Beach Post reports: The Florida Democratic Party filed a lawsuit today in hopes of keeping notices out of polling places that would inform voters that ballots cast for former U.S. Rep. Mark Foley will count for fellow Republican Joe Negron.

The eight-county elections supervisors who will record the outcome in the 16th Congressional District agreed this week to print a notice that would be posted at registration tables and handed to voters who had questions about the race.

Foley resigned Sept. 29 - too late to print new ballots - and was replaced as the Republican candidate by Negron, a state lawmaker from Stuart. Negron will receive any votes cast for Foley, according to state law.

When Negron was picked as Foley's replacement, Florida Division of Elections Director Dawn Roberts asked the supervisors to mail a notice about the change with absentee ballots and to post the notice inside individual voting booths.

Supervisors decided against her recommendation, but agreed this week to make a notice available in case of voter confusion. -- Democrats sue to stop Negron ballot signs

Posted by Ed at 7:59 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A Salem-based group has filed a federal lawsuit against the state of Oregon, claiming that voters have been constrained by a 2005 law that makes it tougher for independent candidates to qualify for the ballot.

The lawsuit was filed by the Committee for Petition Rights, headed by Greg Wasson. It has been assigned to U.S. District Judge Thomas Coffin in Eugene, but no hearing has been set.

The law prohibits anyone who votes in a partisan primary election from helping to nominate an independent candidate. Before the law was enacted, any registered voter could sign a nominating petition for an independent candidate, or attend a nominating convention. ...

The first candidate to be affected by the law was state Sen. Ben Westlund, I-Tumalo, who said the new rules made it tougher to get the signatures he needed for his campaign for governor. He abandoned the campaign in August. -- OregonLive.com: NewsFlash - Lawsuit filed over Oregon law that impedes independent candidates

Posted by Ed at 8:47 AM | Permalink | Comments (0) | TrackBacks (0)

The Daily Telegram reports: A Lenawee County Commission candidate called off her election campaign after learning of a legal conflict with her state government employment. But it is too late to take Allison MacArthur-Ruesink’s name off the ballot in the 9th commission district.

The Adrian Township resident said she was told last week by her supervisor at the Department of Environmental Quality that her position as an environmental quality analyst is funded with federal money, making her ineligible to run for partisan office.

The issue was not raised when she told her supervisor about her political plans before filing as a candidate on May 12. She was told last week that DEQ accounting staff verified she is in a federally funded position and was asked to voluntarily withdraw to avoid any federal sanctions under the Hatch Act. -- Candidate halts election campaign

Posted by Ed at 3:45 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Rep. Mark Foley, R-Fla., resigned from Congress on Friday, effective immediately, in the wake of questions about e-mails he wrote a former teenage male page. ...

Foley, 52, had been a shoo-in for a new term until the e-mail correspondence surfaced in recent days.

His resignation comes less than six weeks before the elections and further complicates the political landscape for Republicans, who are fighting to retain control of Congress. Democrats need to win a net of 15 Republican seats to regain the power they lost in 1994.

Florida Republicans planned to meet as soon as Monday to name a replacement in Foley's district, which President Bush won with 55 percent in 2004 and is now in play for November. Though Florida ballots have already been printed with Foley's name and cannot be changed, any votes for Foley will count toward the party's choice. -- Foley resigns from Congress over e-mails - Yahoo! News

Update: DailyKos has the text of the statute:

"In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy.

The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee's name will appear on the ballot.

Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term "district political party executive committee" means the members of the state executive committee of a political party from hose counties comprising the area involving a district office."

Posted by Ed at 5:24 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A candidate in a special legislative election has filed a petition in Hinds County Circuit Court trying to block a state Election Commission decision that reopened the qualifying deadline in his contest and four others around the state.

Jim Arnold of Kosciusko, a candidate for the state Senate District 14 seat, filed the petition Wednesday.

The seat is open because of the death of Sen. Robert “Bunky” Huggins, R-Greenwood. One other Senate seat and two House seats also will be filled Nov. 7.

Originally, candidates’ qualifying deadline for the four special legislative elections was Sept. 8. But, the state Election Commission voted 2-1 last week to extend the deadline to Oct. 24.

Attorney General Jim Hood and Gov. Haley Barbour voted for the extension. Secretary of State Eric Clark voted against it.

Hood cited a state law that calls for the qualifying deadline in a special election to be “not less than 10 days” from the election. Clark said this meant a deadline could be more than 10 days, but Hood said it meant exactly 10 days.

In his petition for an injunction, Arnold — an attorney — says the extension is illegal and is designed to disenfranchise voters. The petition represents only one side of a legal argument, and it was not immediately clear when a judge would rule on it. -- Candidate seeks to stop new filing deadline in legislative races - The Clarion-Ledger

Posted by Ed at 10:35 PM | Permalink | Comments (0) | TrackBacks (0)

The Washington Post reports: Two weeks after a stinging Democratic primary defeat, Maryland state Sen. John A. Giannetti Jr. announced last night that he had switched parties and would seek reelection as a Republican. ...

Giannetti's challenger, James C. Rosapepe, won about 59 percent of the vote in the Sept. 12 primary. ...

"Evidently, [Giannetti] found a loophole in the state sore-loser law,'' Rosapepe said, referring to a Maryland law that generally bars candidates who lose a primary from running again in the general election.

GOP officials said the law makes an exception when a party's nominee withdraws after the primary. John Stafford, the winner of the Republican primary in the district, stepped aside this week. -- Giannetti Switches To GOP After Loss - washingtonpost.com

Posted by Ed at 11:36 AM | Permalink | Comments (0) | TrackBacks (0)

The Tuscaloosa News reports: State Rep. Gerald Allen, R-Cottondale, said he isn’t going to challenge the candidacy of Democratic opponent Ann Skelton and neither will the state Republican Party. “If Gerald’s not, we’re not," said GOP Chairwoman Twinkle Andress Cavanaugh.

The Democratic Executive Committee nominated Skelton, who also lives in Cottondale, to run against Allen after Allen’s original opponent withdrew because he lived just outside state House District 62 and wasn’t legally qualified to run.

Allen and Cavanaugh had considered a challenge to Skelton’s nomination because they believed the Democratic Party couldn’t nominate a new candidate when there wasn’t a legal vacancy. Allen said a challenge would take too much money that could be used elsewhere. Besides, he said, a legal challenge might last beyond the Nov. 7 primary. Democrats disagreed that a replacement nominee couldn’t be chosen. -- DANA BEYERLE: Organizations shell out political endorsements - Tuscaloosa

Posted by Ed at 7:33 AM | Permalink | Comments (0) | TrackBacks (0)

The Chicago Tribune reports: In a decision that could increase the number of candidates who seek state office, a federal appeals court in Chicago ruled Monday that state election law unconstitutionally restricts independent candidates and must be changed.

Taking up the case of a Heyworth man who sued the Illinois State Board of Elections in 2004, the 7th U.S. Circuit Court of Appeals ruled the General Assembly must create "a new ballot-access scheme that will pass constitutional muster." ...

The appeals court did not suggest any new laws but ruled two key requirements that independent candidates must meet are far too restrictive and violate the Constitution.

The first, that independent candidates file for ballot access in mid-December or nearly a year before a general election, "is by far the earliest deadline in the nation," the ruling stated. ...

Illinois' second requirement forces prospective independent candidates to gather signatures totaling 10 percent of all votes cast in the previous election for the office they seek. -- U.S. court voids vote law on independents | Chicago Tribune

Comment: The case is Lee v. Keith. The decision can be viewed here.

Posted by Ed at 7:33 AM | Permalink | Comments (0) | TrackBacks (0)

Rick Hasen writes on Findlaw: What do former House Majority Leader Tom DeLay, Connecticut Senator Joe Lieberman, former House Administration Committee Chair Bob Ney, and the Green Party of Pennsylvania have in common?

They are all featured in the latest election law skirmishes between the parties--this time over ballot access.

It is not your imagination. The pace of election law litigation has indeed picked up since 2000, when the United States Supreme Court decided Bush v. Gore. With partisan control of the United States House of Representatives (and possibly the U.S. Senate) up for grabs this election season, it is no surprise that the parties have aggressively used changes in election law, and election law litigation, as part of a political strategy to gain even a small advantage in what could be another group of elections with razor-thin margins.

The most contentious election law litigation this election season involves disputes over new onerous voter identification rules. But the runner-up is litigation raising questions of ballot access. These questions have come up in elections involving candidates withdrawing in the face of scandal, candidates who lost in their political primaries but who seek to run again in the general election, and major parties making strategic use of third party-candidates to siphon support away from their opponents. -- FindLaw's Writ - Hasen: Some Recent and Ongoing Election Law Fights Over Ballot Access New Skirmishes Could Determine the Balance of Power in Congress

Comment: Rick also picks up a meme I mentioned 3 weeks ago: "All election law is local."

Posted by Ed at 7:24 AM | Permalink | Comments (0) | TrackBacks (0)

The Dallas Morning News reports: Gov. Rick Perry has called a special election to fill the seat vacated by former U.S. House Majority Leader Tom DeLay.

The vote will coincide with November's general election, which means that preferred GOP write-in candidate Shelley Sekula-Gibbs will have her name on the ballot, if she runs in the special election as well. Candidates have until Friday to file. ...

State Rep. Garnet Coleman, D-Houston, called Mr. Perry's calling of the election "a tactical move" to help Dr. Sekula-Gibbs because she has a complicated name and faces long odds to win the Nov. 7 general election as a write-in candidate.

"You can see her name at the top of the ballot, and that allows [voters] to put it in better at the bottom of the ballot – you know, actually dial it in better than they would have because the spelling is there on the ballot," Mr. Coleman said. Voters in the suburban Houston district will use electronic voting machines.

Perry spokeswoman Kathy Walt responded, "It is a shame that Garnet Coleman thinks that the U.S. Constitution is a tactic. The U.S. Constitution requires us to call a special election for Congressman DeLay's seat." -- Dallas Morning News | News for Dallas, Texas | Nation

Posted by Ed at 7:35 AM | Permalink | Comments (0) | TrackBacks (0)

The Washington Post reports: Maryland's highest court yesterday tossed Democratic candidate Tom Perez out of the running for attorney general, ruling that he did not meet a constitutional requirement that candidates for the job practice law in Maryland for 10 years. ...

The Perez case stems from a lawsuit filed by Montgomery school board member Stephen N. Abrams (Rockville-Potomac), who said that Perez was not eligible to run for attorney general because he had not been a member of the Maryland State Bar for 10 years.

In May, Perez received an opinion from the attorney general's office that concluded that his service as a federal prosecutor and deputy assistant attorney general for the U.S. Justice Department appeared to meet the requirement. ...

A Circuit Court judge agreed in July, dismissing Abrams's suit. Abrams ultimately appealed the decision and personally argued the case before the Court of Appeals. -- Court Rejects Perez Bid, Early Voting Law in Md.

Posted by Ed at 6:26 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A state judge on Thursday dealt a new setback to the Green Party candidate for U.S. Senate by upholding state officials' calculation of the number of signatures minor-party candidates need to run for statewide office.

Pennsylvania law sets the number at 2 percent of the ballots cast for the largest vote-getter in the last statewide election. This year's threshold, because it is based on state Treasurer Bob Casey's record vote count in 2004, was set at an unusually high 67,070 signatures.

President Judge James Gardner Colins of the Commonwealth Court rejected arguments by Green Party candidate Carl Romanelli that would have cut the number to fewer than 16,000.

Romanelli contended that the number should be based on last year's judicial retention elections, in which state judges run unopposed and voters cast up-or-down votes on whether they should serve additional 10-year terms. -- Pa. court rejects Green's bid to relax ballot rule (phillyBurbs.com) | Pennsylvania News

Posted by Ed at 9:01 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A Democratic Party committee Thursday night disqualified an openly gay candidate for the Alabama Legislature and the woman she defeated in the primary runoff because both women violated a party rule that party officials said no other candidate has obeyed since 1988.

The committee voted 5-0 to disqualify Patricia Todd, who was attempting to become the state's first openly gay legislator, and Gaynell Hendricks.

Committee chairwoman Amy Burks said earlier Thursday the party's executive committee would make the final decision and select a nominee for the seat from Birmingham's House District 54 at a meeting in Montgomery Saturday.

Committee members said they would issue a formal order Friday morning. -- AP Wire | 08/24/2006 | Democratic Party committee asked to disqualify gay candidate

Disclosure: I am one of Patricia Todd's lawyers.

Posted by Ed at 8:45 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Sugar Land Mayor David Wallace withdrew Monday as a Republican write-in candidate for former House Majority leader Tom DeLay's vacant seat.

The decision leaves the Texas GOP united behind one write-in candidate, Houston City Councilwoman Shelley Sekula-Gibbs, whom the party endorsed last week and pledged organizational and financial support.

Wallace had indicated he would stay in the race despite the party's snub.

"What I am choosing to do at this time is unite with the Republican Party behind one candidate," Wallace told a news conference, standing next to his wife, Kathy, and two daughters. "There is no way that two write-in candidates could win. It would be very difficult and divisive to the Republican Party." -- Dallas Morning News | News for Dallas, Texas | Texas/Southwest

Posted by Ed at 8:27 PM | Permalink | Comments (0) | TrackBacks (0)

The Houston Chronicle reports: A day after Republicans endorsed her as their candidate in the 22nd Congressional District, Houston Councilwoman Shelley Sekula-Gibbs was on hand at a packed East End event Friday, sharing the limelight with political heavyweights. ...

Sekula-Gibbs may not be the lone Republican write-in candidate. Sugar Land Mayor David Wallace, who earlier said he would run as a write-in candidate even if the party endorsed someone else, is "considering his options," said Fort Bend County Republican Chairman Gary Gillen. ...

Even if Sekula-Gibbs becomes the lone write-in candidate in the 22nd District, she'll have to wage a difficult, multi-pronged campaign, said Rice University political scientist Bob Stein.

In addition to raising her own profile — taking positions on issues and depicting Lampson as non-representative of the district — she will have to raise voter awareness of the write-in process, he said.

Electronic ballots are used in most of the district, which includes parts of Harris, Fort Bend, Brazoria and Galveston counties.

Voting booths will display the names of write-in candidates who register before Aug. 28 and are certified by the Texas secretary of state. Voters will have to navigate to the write-in option on the electronic ballot, call up a keyboard display and spin a dial to spell out a candidates' name a letter at a time. -- Sekula-Gibbs faces big hurdles in House bid

Posted by Ed at 4:38 PM | Permalink | Comments (0) | TrackBacks (0)

The New York Times reports: Just one week ago, national Democrats united to try to nudge Senator Joseph I. Lieberman out of his race for re-election after his defeat at the hands of his antiwar rival, Ned Lamont, in the Connecticut Democratic primary.

But today Mr. Lieberman appears to be in the race to stay, running as a retooled independent candidate who is taking on both political parties, and Connecticut is already seeing a full-throated re-enactment of the men’s blistering primary battle.

Far from sulking in defeat, Senator Lieberman has fired most of his senior aides, energized his broad base of donors from his campaigns for president and vice president, produced a new television advertisement explaining his political intentions, and attacked Mr. Lamont over the London terror plot.

The senator appears so emboldened that in spite of the Democratic unity around Mr. Lamont, some Washington Democrats are now acknowledging that a Lieberman victory in November is a distinct possibility. According to guests at a fund-raiser for Senator Hillary Rodham Clinton in the Hamptons on Saturday, Mrs. Clinton — who is supporting Mr. Lamont — said that Mr. Lieberman had more than a 50-50 chance of winning re-election. (Clinton aides said they could not confirm or deny the remark; one of the aides said that if Mrs. Clinton had discussed the race, she might have been referring to a new poll that had Mr. Lieberman slightly ahead.) -- New Lieberman Retooling Race as Independent - New York Times

Posted by Ed at 7:44 AM | Permalink | Comments (0) | TrackBacks (0)

The New York Times reports: With dwindling hopes of keeping Tom DeLay's longtime House seat from falling to a Democrat in November, Texas Republicans on Tuesday called an urgent meeting for Thursday to exercise their only option: agreeing on a write-in candidate.

But that slender prospect — no such write-in campaign has succeeded in the state — seemed to suffer a blow when a leading candidate facing party opposition disparaged the meeting, saying “that may have worked in Moscow,” and vowed to keep running even if it meant two Republican write-in candidates. ...

The bleak prospects for Republicans in the 22nd District has prompted some to consider an alliance with the Libertarian candidate, Bob Smither, an electrical engineer, who does have a place on the ballot. “I’m not convinced a write-in will succeed,” said Jerry Patterson, commissioner of the Texas General Land Office and a Republican running for re-election. At least Mr. Smither, he said, would vote with the House Republican leadership, “denying Nancy Pelosi a vote for speaker.” -- DeLay's Seat Up for Grabs, Texas Republicans Will Meet to Weigh Write-Ins - New York Times

Posted by Ed at 7:40 AM | Permalink | Comments (0) | TrackBacks (0)

The Cleveland Plain Dealer reports: Ohio Sen. Joy Padgett's unsuccessful run for lieutenant governor earlier this year does not prevent her from running in a special election for the GOP congressional ballot slot vacated by Bob Ney, according to an opinion issued Thursday afternoon by her former running mate, Ohio Attorney General Jim Petro.

Petro's opinion also says it would be legal for party officials to appoint Padgett to the slot instead of holding a special election. Padgett ran for statewide office on the unsuccessful gubernatorial ticket headed by Petro.

Democrats say they don't believe Padgett is eligible to run, and they will challenge the decision in court.

"The Republican corrupt machinery has once again narrowly interpreted the law in their favor," said Ohio Democratic Party spokesman Brian Rothenberg.

Rothenberg said Padgett should be disqualified by both a "sore loser" statute designed to keep failed primary candidates from gaining slots on the November ballot, and a provision the Ohio legislature adopted to prevent Democratic gubernatorial candidate Ted Strickland, a congressman from Lisbon, from seeking re-election to his congressional seat if he lost the gubernatorial primary. -- Padgett eligible to seek Ney ballot slot, Petro says

Posted by Ed at 6:19 PM | Permalink | Comments (0) | TrackBacks (0)

The Advocate reports: U.S. Sen. Joseph Lieberman is acting like he is a candidate in November's general election, but it won't be known for several days whether his petition drive to gain a spot on the ballot is successful.

The morning after his primary defeat to Ned Lamont, Lieberman's campaign delivered two boxes full of petitions to Secretary of the State Susan Bysiewicz, signaling he would continue the battle for his Senate seat as an "independent Democrat." ...

Shirley Surgeon, Hartford's Democratic registrar of voters, said she is verifying 59 pages of signatures delivered to that city's town clerk last week.

Although each petition contains room for 30 signatures, Surgeon said the majority of those she received contain about half that, and several have been disqualified.

"Out of 15 on this first page, nine were good," Surgeon said.

In Norwalk, Town Clerk Andrew Garfunkel said he received one petition page Wednesday.

Norwalk Democratic Registrar Betty Bondi said if the rest of Lieberman's petitions are as "sloppy" as that one piece of paper, his chances to make it onto the ballot do not look good.

"There were less than 10 names and only two good signatures," Bondi said. -- The Advocate - State still checking petitions: Lieberman bid needs 7,500 good signatures

Posted by Ed at 6:37 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: The Pennsylvania Democratic Party objected Tuesday to signatures collected by three Green Party candidates, including a challenger in one of the nation's most hotly contested U.S. Senate races.

The Democrats asked a court to remove the candidates from the November ballot. The candidates have said they jointly collected at least 90,000 valid signatures — far more than the 67,070 needed to qualify for the ballot.

But the Democrats alleged in a Commonwealth Court filing that more than 69,000 included fake names, names of unregistered voters and illegible signatures. -- Pa. Dems target Green Party candidates - Yahoo! News

Posted by Ed at 7:24 PM | Permalink | Comments (1) | TrackBacks (0)

AP reports: The leading Republican candidate to replace Rep. Bob Ney on the November ballot may be ineligible, party officials said Tuesday, complicating GOP efforts to assure a smooth transition for the fall campaign.

"As far as I know, I have a green light," state Sen. Joy Padgett said as party lawyers reviewed an Ohio law that barred politicians who lose one primary from entering another one during the same year. ...

One Republican strategist, speaking on condition of anonymity, said lawyers had concluded that the so-called political sore loser's law probably would bar Padgett from running.

State GOP Chairman Bob Bennett said that he didn't believe the law applied to her, and that he would seek a formal ruling from the secretary of state.

One official said the legal controversy arose in part because the law as drafted differed from what lawmakers had said they intended — which was to prevent a primary loser from later filing as a candidate in the same race. -- Candidate for Rep Ney's Seat May Be Ineligible - Los Angeles Times

Paul Kiel writes on TPMmuckraker.com: Democrats in Ohio might challenge the candidacy of Rep. Bob Ney's (R-OH) chosen successor based on at least two different statutes, a spokesman for the Ohio Democrats told me today.

Republicans are still determining whether state Sen. Joy Padgett might be disqualified from running based on what's called the "sore loser" statute in Ohio law. The law prevents a candidate from running in a general election after losing a primary. Padgett ran for lieutenant governor earlier this year.

But there's yet another statute that might prevent Padgett from running. A year-old statute prevents Ohioans from running for both state and federal office in the same year. "Ironically," the Columbus Dispatch notes, "Republicans slipped that restriction into the state budget bill last year — apparently to prevent Democratic U.S. Rep. Ted Strickland from running both for re-election and governor this year." -- Ney Successor on Course for Legal Showdown

Posted by Ed at 7:06 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: The mayor of former Majority Leader Tom DeLay's Texas hometown said Wednesday he will run as a write-in candidate for DeLay's congressional seat.

DeLay announced Tuesday he was withdrawing from the race after the Supreme Court rejected attempts by the Texas Republican party to replace him on the November ballot.

David Wallace, mayor of Sugar Land, Texas, was one of the candidates under consideration by the party to replace DeLay. ...

A write-in must declare candidacy and pay a fee or submit required signatures by Aug. 29. -- Dallas Morning News | News for Dallas, Texas | Texas/Southwest

Posted by Ed at 4:23 PM | Permalink | Comments (0) | TrackBacks (0)

Richard Winger has an idea about a write-in to replace DeLay. See his comment.

Posted by Ed at 9:41 PM | Permalink | Comments (0) | TrackBacks (0)

Washington Wire (the Wall Street Journal) reports: The Jack Abramoff scandal that rocked Capitol Hill last winter claimed its second electoral victim as Ohio Republican Rep. Bob Ney announced Monday he will abandon his re-election race. But as Republicans try to hold onto the seat, questions are arising over the "sore loser" provision in Ohio election law. ...

State Sen. Joy Padgett, Ney’s hand-picked successor for his seat, could fall under a little-known provision of Ohio election law, dubbed the “sore loser” provision. It prevents a candidate who loses in one primary from running in another during the same election cycle. Earlier this year, Padgett was the primary running mate of gubernatorial hopeful James Petro, who lost to the ticket of Ken Blackwell and his running mate, Ohio State Rep. Tom Raga.

Even if Padgett succeeds in getting her name on the new primary ballot, the controversy could invite other Republicans to jump into the unexpected race. James Harris, who lost to Ney in the Republican primary in May, said he’s considering running again — although the sore loser provision may apply to him, too. -- Washington Wire » As Ney Quits, "Sore Loser: Law Crops Up

Comment: The late Thomas Phillip "Tip" O'Neill, Jr., said, "All politics is local." Still's Corollary: All election law is local.

Hat tip: Taegan Goddard's Political Wire.

Posted by Ed at 6:51 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Texas Republicans on Monday abandoned their court fight to replace former House Majority Leader Tom DeLay on the November ballot after being turned back at the Supreme Court.

The decision came after Justice Antonin Scalia rejected Texas Republicans' request to block an appeals court ruling saying DeLay's name should remain on the ballot.

"I think all our legal avenues are exhausted in terms of affecting the ruling prior to the election," said Jim Bopp Jr., the attorney who argued the Republican Party's case to allow party officials to substitute another candidate for DeLay. -- Dallas Morning News | News for Dallas, Texas | Texas/Southwest

Update: Lyle Denniston has a summary of the stay application filed with Justice Scalia and a link to the papers. -- Scalia refuses to aid Texas GOP on ballot

Posted by Ed at 6:40 PM | Permalink | Comments (1) | TrackBacks (0)

AP reports: U.S. Rep. Bob Ney, dogged by an influence peddling probe in Washington, will not seek re-election, state Sen. Joy Padgett said early today.

Ney called Padgett on Saturday and asked the fellow Republican to run in his place, saying that defending himself has been a strain on his family, she said. ...

Padgett told The Associated Press she would run for Ney's seat. -- The Columbus Dispatch - Election

The law: Here are Ohio statutes that seem to apply:

§ 3513.30. Death or withdrawal of candidate prior to primary election.
(D) Any person nominated in a primary election or by nominating petition as a candidate for election at the next general election may withdraw as such candidate at any time prior to the general election. Such withdrawal may be effected by the filing of a written statement by such candidate announcing the candidate's withdrawal and requesting that the candidate's name not be printed on the ballots. If such candidate's declaration of candidacy or nominating petition was filed with the secretary of state, the candidate's statement of withdrawal shall be addressed to and filed with the secretary of state. If such candidate's declaration of candidacy or nominating petition was filed with a board of elections, the candidate's statement of withdrawal shall be addressed to, and filed with such board.

(E) When a person withdraws under division (B) or (D) of this section, the board of elections shall remove the name of the withdrawn candidate from the ballots to the extent practicable in the time remaining before the election and according to the directions of the secretary of state. If the name is not removed from all ballots before the day of the election, the votes for the withdrawn candidate are void and shall not be counted.

===
§ 3513.31. Withdrawal of candidate nominated in primary election or by petition prior to general election; election for unexpired term.

(B) If a person nominated in a primary election as a party candidate for election at the next general election, whose candidacy is to be submitted to the electors of a district comprised of more than one county but less than all of the counties of the state, withdraws as that candidate or is disqualified as that candidate under section 3513.052 [3513.05.2] of the Revised Code, the vacancy in the party nomination so created may be filled by a district committee of the major political party that made the nomination at the primary election, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose. The district committee shall consist of the chairperson and secretary of the county central committee of such political party in each county in the district. The district committee shall be called by the chairperson of the county central committee of such political party of the most populous county in the district, who shall give each member of the district committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the district committee are present at the district committee meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the meeting shall certify in writing and under oath to the board of elections of the most populous county in the district, not later than four p.m. of the seventy-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy that may be filled by an intermediate or minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made as in the manner provided for a major political party.

Posted by Ed at 6:18 AM | Permalink | Comments (0) | TrackBacks (0)

The Burlington Free Press reports: Two Democratic candidates for the state House of Representatives have gone to court to try to have their names added to the Sept. 12 primary election ballot after being left off because of missing paperwork.

Rachel Weston of Burlington received a quick decision from Chittenden Superior Court Judge Ben Joseph, who said her name could be included on the ballot.

Rep. Stephen Green, D-Berlin, had a contrary ruling from Washington County Superior Court Judge Helen Toor and has appealed her denial to the Vermont Supreme Court.

In both cases, the candidates failed to turn in the consent forms that must accompany their signed petitions. On these forms candidates state the race they want to enter and the precise way they want their names printed on the ballot. They also officially give permission for their names to be on a ballot, which Kathy DeWolfe, director of the election division at the Office of the Secretary of State, said is an important protection. -- Burlington Free Press.com | Local/Vermont

Posted by Ed at 9:07 AM | Permalink | Comments (0) | TrackBacks (0)

The Los Angeles Times reports: The city of Vernon's attempt to stop candidates from forcing the town's first contested election in 25 years was shot down Thursday by a judge who described the city as one "run like a fiefdom."

The decision marks a defeat for officials of the small city south of downtown Los Angeles, which has spent months trying to invalidate the April election. City officials have refused to count the ballots from the vote until this and several other lawsuits are settled. ...

Vernon leaders have insisted that the candidates were ringers brought in by opponents trying to take control of the cash-rich industrial town. The challengers deny the claim and say leaders who have controlled the town for decades went to great lengths to prevent them from running for office.

It was up to Los Angeles Superior Court Judge Aurelio Muñoz to sort out the charges and countercharges, and neither side emerged unscathed.

Muñoz said attorneys representing the city did not present the evidence of fraud necessary to strip the eight men and women of their right to vote or run for office.

Still, Muñoz said he thought there was a "scheme" to take political power in the industrial city of only 91 residents, most of whom are city employees living in heavily subsidized city housing. But the judge said moving into a city with the intent of taking over political power is not necessarily illegal. -- Attempt to Nullify Vernon Election Defeated - Los Angeles Times

Posted by Ed at 5:53 AM | Permalink | Comments (0) | TrackBacks (0)

Lyle Denniston writes on SCOTUSblog: The head of the Texas Republican Party, seeking to clear a space on the November election ballot for a new GOP candidate for the House of Representatives, announced plans Thursday to file an appeal to the Supreme Court on an expedited basis, after the Fifth Circuit Court kept former Rep. Tom DeLay on the ballot. The plan means that the state GOP will bypass any chance for en banc review in the Circuit Court, and go directly to the Supreme Court.

The case potentially could result in a clarification of states' power to decide when a candidate for the national legislature has lost eligibility -- an issue that iimplicates the constitutional definition of qualifications for a congressional candidate.

Tina Benkiser, chair of the state party, said in a statement that the GOP considers DeLay no longer eligible to be a candidate, because he has moved to Virginia and plans to remain there. He resigned from the House in April, amid spreading difficulties over campaign finance and lobbying scandals and said he would not run for reelection. He resigned after he had won the GOP primary in Texas' 22d congressional district in March; for the time being, he remains on the ballot. -- SCOTUSblog

Note: The opinion in the case is here.

Posted by Ed at 8:31 PM | Permalink | Comments (0) | TrackBacks (0)

Reuter reports: A U.S. Appeals Court rejected a request by Tom DeLay, the indicted former House of Representatives Republican leader, to have his name taken off the November congressional ballot, according to a report on the Houston Chronicle Web site on Thursday. -- Court says DeLay stays on Tex. ballot: report | Politics News | Reuters.com

The docket entries say (in Texas Democratic, et al v. Benkiser, #: 06-50812):
8/3/06 Opinion filed. Issd in T form? Y Mandate pull date is
8/24/06. [06-50812] (rmf)

8/3/06 Judgment entered and filed. [06-50812] (rmf)

8/3/06 COURT Order filed denying appellant's motion for stay
pending appeal [5515526-1], denying appellant's motion for
stay pending appeal [5515526-2], denying appellant's motion
for stay pending appeal [5500986-1](HANDLED IN
OPINION)(FPB,JLD,EBC) Copies to all counsel. [06-50812] (rmf)

Posted by Ed at 2:26 PM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: Alabama lawyers soon will push for merit-based appointment of appellate court judges, saying the state must change its reputation for costly and mean court races.

When the state Legislature convenes in March, the Alabama State Bar expects the introduction of a bill to appoint judges on the state Supreme Court and courts of appeals, Fournier "Boots" Gale III, a Birmingham lawyer who became the bar's president last month, said in an interview.

If the legislation were approved, a committee would recommend judicial candidates to the governor, who would make the appointment. Every six years, voters would decide whether to keep the judge in office, which is known as a retention election. ...

Alabama's judicial campaigns have become the most expensive in the country, according to Gale and national organizations that track judicial elections.

Since 1993, interest groups have poured almost $48 million into state Supreme Court races alone - including $4.6 million spent in the Republican primary for five state Supreme Court races so far this year. -- Bar urges judges be appointed

Posted by Ed at 9:56 PM | Permalink | Comments (0) | TrackBacks (0)

The Houston Chronicle reports: A federal appeals panel indicated today that the ability of Republicans to replace former U.S. Rep. Tom Delay on the ballot rests on whether there was "conclusive" evidence that he had moved to Virginia.

The three-judge panel of the 5th Circuit Court of Appeals did not indicate when it would rule. But questions from the panel seemed to favor the Democrats' position that Republican officials could not declare DeLay ineligible for office based on residency prior to election day.

Republican lawyer James Bopp Jr. told the panel that DeLay had given Texas Republican Chairwoman Tina Benkiser enough evidence that she could make a "reasonable prediction" that DeLay would not be a resident of Texas on election day. That evidence included a change of driver's license and voter registration, plus a letter stating he had moved to Virginia. ...

But Judges Pete Benavides and Edith Clement noted that a candidate like DeLay could move back to Texas by election day and be eligible for office. They said the U.S. Constitution would prohibit a state party official from throwing a candidate off the ballot in such circumstances.

"How can it be conclusive if you can always change your voter registration," Clement asked. -- Chron.com | Judges quiz lawyers in DeLay ballot battle

Posted by Ed at 5:50 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A Wake County judge won't rule for several days on whether Republican candidates in two state House primaries should have been disqualified because elections officials said they didn't meet residency requirements to run.

Superior Court Judge Don Stephens heard arguments Monday in the appeals of Frank Mitchell and Tommy Pollard, who weren't allowed to receive votes in the May 2 primary.

The state board ruled that Pollard didn't meet the one-year residency requirement to qualify as a candidate in the 15th House District primary against Rep. Robert Grady, R-Onslow.

The board also disqualified Mitchell because he still lived outside the 79the House District even though he bought land with a mobile home in Rep. Julia Howard's district in October 2005. -- AP Wire | 07/24/2006 | Wake County judge hears N.C. House candidate challenges

Posted by Ed at 7:52 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A judge ruled that a Republican legislator committed petition forgery and ordered him removed from the ballot in a key Senate race.

If upheld on a possible appeal, the ruling by a Maricopa County Superior Court judge removing Rep. Russell Jones of Yuma from the ballot would deal a serious blow to Republican hopes of winning a veto-proof majority in the Arizona Legislature in November.

State law requires that a person who signs the back of a nominating petition as its circulator be present when voters sign the front.

Judge Kenneth Fields ruled in a challenge filed by Democrats that Jones engaged in forgery to get a place on the September primary ballot when he signed at least nine petitions as the circulator "knowing that he did not obtain the electors' signature in his presence." -- Petition violation could keep GOP's Jones off ballot | www.azstarnet.com ®

Posted by Ed at 6:16 AM | Permalink | Comments (0) | TrackBacks (0)

The US District Court for the Western District of Texas has restrained the Republican Party from disqualifying Tom DeLay as a candidate and from certifying anyone else as a candidate in his place. The judgment and opinion are attached.

Posted by Ed at 10:42 AM | Permalink | Comments (0) | TrackBacks (0)

The Hartford Courant reports: Sen. Joseph I. Lieberman announced today he will petition for a place on the November ballot as an "independent Democrat," giving him a chance to stay alive politically should he lose an Aug. 8 primary for the Democratic nomination.

Lieberman, 64, a three-term senator whose outspoken support of the war in Iraq has brought months of grief and inspired a strong primary challenge from Greenwich businessman Ned Lamont, announced his decision this afternoon at a brief press conference at the State Capitol. -- courant.com | Lieberman Will Petition

But My Left Nutmeg reports: Despite the BS he was flinging at his press conference, Joe Lieberman will not appear on the ballot as an "independent Democrat." The law ... says so.

Sec. 9-453u. (Formerly Sec. 9-378m). Reservation of party designation.

(a) An application to reserve a party designation with the Secretary of the State and to form a party designation committee may be made at any time after November 3, 1981, by filing in the office of the secretary a written statement signed by at least twenty-five electors who desire to be members of such committee. ...

(c) The statement shall include the party designation to be reserved which (1) shall consist of not more than three words and not more than twenty-five letters; (2) shall not incorporate the name of any major party .... --
The "Independent Democrat" Lie

Posted by Ed at 6:18 AM | Permalink | Comments (0) | TrackBacks (0)

The Denver Post reports: A Denver District Court judge Friday ordered the secretary of state's office to put gubernatorial candidate Marc Holtzman on the Republican primary ballot. ...

However, whether Holtzman has enough valid signatures to legally stay on the Aug. 8 ballot will not be decided for at least 10 days. If he doesn't, his name will still appear on the ballot but votes cast for him won't be counted.

Judge R. Michael Mullins said it was in the public interest for Holtzman to be put on the ballot Friday, which was the legal deadline for the secretary of state to certify the ballot. Under those tight state-mandated deadlines for certification and printing, Holtzman's name might not be able to be added to the ballot if it's later found he did collect sufficient signatures.

"What's at risk here is if Mr. Holtzman is successful on his challenge ... then he doesn't have a remedy if he is not allowed on the ballot, which in effect denies his access to the ballot," the judge said. -- DenverPost.com - Holtzman put on ballot

Hat tip to Taegan D. Goddard's Political Wire.

Posted by Ed at 6:42 PM | Permalink | Comments (0) | TrackBacks (0)

The Savannah Morning News reports: Two Effingham County Commission hopefuls were approved by a federal judge for this year's election, but a third was left scratching his head after being rejected.

U.S. District Court Judge Avant Edenfield's ruling on residency requirements stemming from a 1982 civil rights suit permits Steve Collins to run in District 5 and Michael King in District 2. ...

Questions about the residency of the three candidates were raised just hours after the April 28 qualifying deadline when county officials came across a residency requirement set 22 years ago by Edenfield. As part of a civil rights lawsuit settlement between a minority organization and county officials, Edenfield wrote a consent order aimed at giving minorities more voting strength.

Part of the agreement stipulated a five-year residency requirement for candidates, a regulation which was soon forgotten and never enforced.

Voting rules have changed over the years since the consent order, nearly eliminating residency requirements.

Collins and King are Effingham residents, but not for five consecutive years. Wilkins has lived in Effingham for more than five years, but wanted to qualify for a district that he hopes to relocate to by the election. -- SavannahNOW | Two Effingham candidates get go-ahead, third rejected - 06/05/2006

Posted by Ed at 7:15 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: The colorful Libertarian Party nominee for governor, Loretta Nall, said Monday she will run as a write-in candidate after failing to get enough signatures to get her name on the general election ballot.

"I'm not dropping out," Nall said.

Tuesday is the deadline for third-party candidates to turn in voters' signatures to the secretary of state to get ballot access for Nov. 7. Nall needed 41,300 signatures to get on the general election ballot. She said she and her supporters collected between 10,000 and 15,000 signatures, which she plans to turn in Tuesday to make a point about Alabama having one of the nation's toughest ballot access laws for third parties.

"In almost any other state, that would have been enough to get ballot access," she said. -- Libertarian nominee Loretta Nall fails to get enough signature - Tuscaloosa

Posted by Ed at 7:05 AM | Permalink | Comments (0) | TrackBacks (0)

Richard Winger writes (and attaches this opinion in Swanson v. Worley): Dear Ed, it's your state, so you should know about this decision today. It's abysmal. The two US Supreme Court decisions about early petition deadlines are Mandel v Bradley, and Anderson v Celebrezze. The only 11th circuit decision on petition deadlines is New Alliance Party v Hand. Judge Thompson didn't mention any of those cases. He relied on Jenness v Fortson, but in Mandel v Bradley, Justice John Paul Stevens warned lower courts not to assume Jenness v Fortson means anything for deadlines (anything in Jenness about deadlines is just dicta, since the Socialist Workers Party didn't complain about the June petition deadline).

Under Mandel v Bradley, early petition deadlines are unconstitutional if the record shows that minor parties and independent candidates seldom qualify. The deadline was mid-July before 2001. Since it was moved to the first week in June, in 2001, no minor party or independent candidate has managed to qualify for statewide office (president is an exception, since the presidential deadline is early September and presidential independents only need 5,000 signatures, not the 41,000 that other independents, and all minor parties, need for statewide office.

Richard is the editor of Ballot Access News and knows ballot access cases backwards and forwards. Just this last weekend, I asked him a question about Jenness v. Fortson, and he referred me to his article on the case (1 Elec. L. J. 235 (2002)).

Posted by Ed at 7:14 PM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: Former Jefferson County Commissioner Steve Small has asked the Alabama Supreme Court to hold a special election to allow Small to try to regain his seat against incumbent Shelia Smoot in District 2.

Walter Braswell, an attorney for Small, said his client's case has been accepted on appeal by the Alabama Supreme Court and granted expedited consideration.

A Jefferson County circuit judge in April upheld the Democratic Party's decision to bar Small from the primary ballot as a candidate for the County Commission. -- Small wants court to order special election

Posted by Ed at 7:09 AM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: A circuit judge on Friday upheld the Democratic Party's decision to bar Steve Small from the primary ballot as a candidate for Jefferson County Commission District 2. Small said he will ask the court on Monday to take a second look at his case.

"We'll file a motion to reconsider Monday asking the judge to specifically address how it is both the Democratic Party and Steve Small can have constitutional rights involved and yet the court not take jurisdiction," said Walter Braswell, Small's attorney.

The state Democratic Party had ruled that Small violated party rules by running against Shelia Smoot as a write-in candidate in 2002. Smoot defeated Small during in the 2002 Democratic primary. ...

Circuit Judge William Noble upheld the party's decision, saying the court did not have jurisdiction in the matter. Alabama law allows political parties to set their own qualifying rules and procedures as long as they meet constitutional and statutory laws. -- Judge upholds keeping Small off ballot

Posted by Ed at 6:18 AM | Permalink | Comments (0) | TrackBacks (0)

Natalie Gonzales writes on Political Wire: While some Democrats are incensed about the way former Majority Leader Tom DeLay chose to exit his race for reelection in Texas 22, both parties are guilty of being coy with election laws, primaries, and filing deadlines to gain a partisan advantage.

Of all the accusations hurled at DeLay, being politically unaware is not one of them. The congressman certainly could have bowed out before the March 7 primary, but he waited another three weeks so he could have direct role in choosing his successor. His move unquestionably gives the Republicans a better chance to hold the seat Bush carried 64%-35% in 2004. -- Taegan Goddard's Political Wire

Posted by Ed at 5:33 PM | Permalink | Comments (0) | TrackBacks (0)

The Mobile Register reports on my argument yesterday: An attorney representing three south Alabama lawmakers told a panel of three federal judges Wednesday that Gov. Bob Riley broke the law when he named Juan Chastang to the Mobile County Commission last November.

The legislators sued the governor in a Montgomery federal court, saying Riley failed to follow a provision of the 1965 Voting Rights Act that requires the U.S. Justice Department to review in advance any changes to Alabama election practices.

Riley maintains that there was no change, so preclearance was not needed for him to fill the District 1 post, emptied when Sam Jones became Mobile's mayor in October.

The suit was filed by state Reps. Yvonne Kennedy and James Buskey, both D-Mobile, and Bill Clark, D-Prichard. They asked the court to order a belated Justice Department review. If clearance is not granted, they asked the court to set a special election for the seat and remove Chastang, a Republican, from office. -- Attorneys spar over appointment

Documents from the case can be downloaded from my office website.

Posted by Ed at 7:25 AM | Permalink | Comments (0) | TrackBacks (0)

The New Orleans Times-Picayune reports: In the wake of court decisions stripping the initials "I.Q." from the ballot listings of two candidates for separate Orleans Parish assessor districts, Louisiana Secretary of State Al Ater has removed the label from the listings of five other assessor candidates on the "I Quit" ticket.

The state 4th Circuit Court of Appeal last week upheld rulings by two district judges that candidates Chase Jones and Ron Mazier could not include "I.Q." as a nickname on their listings for the April 22 election, and the state Supreme Court refused Friday to hear an appeal from that ruling.

Although state law permits the use of nicknames on the ballot, it prohibits "designations," and the courts ruled that listing "I.Q.," which Jones and Mazier admitted they had never used as a nickname before agreeing to join the "I.Q." ticket, therefore was illegal.

With no public announcement, Ater's office then stripped the term from the ballot listings of the five other candidates, although no legal challenges had been filed against them. ...

The "I Quit" ticket qualified candidates against the incumbents in all seven New Orleans assessor races, and all included "I.Q." in their names. If elected, all seven have pledged to forgo their annual salary and use the money to hire a professional appraisal firm to handle property valuations. Their ultimate goal is to consolidate the seven assessor offices into one, a move that would require state legislation and voter approval, and they have promised to step down if such legislation is approved. -- All 'I.Q.' initials taken off ballots

Posted by Ed at 7:34 AM | Permalink | Comments (0) | TrackBacks (0)

The Philadelphia Daily News reports: Former state Sen. Milton Street is considering another run for public office. But it will take approval from the Commonwealth Court to put him on the ballot.

Street, who listed a home address in New Jersey as recently as November, surfaced this week as a potential candidate for the Pennsylvania state House.

But his nomination petitions were rejected by the Pennsylvania Department of State, a spokeswoman said yesterday, because Street was unable to identify the district he was running in.

"That's something that can be amendable through Commonwealth Court," said the spokeswoman, Allison Hrestak. But it would take a petition to the court and focus early attention on Street's residency claims.

The state constitution specifies that House members be residents of their districts for one year before their elections, unless they are absent "on public business of the United States or this state," such as for military service. -- Philadelphia Daily News | 03/09/2006 | Milton Street's residency at issue in Pa. House try

Posted by Ed at 8:12 AM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: The Alabama Democratic Party has unfairly singled out a former Jefferson County Commissioner for punishment by keeping him out of the upcoming June primary, according to a complaint filed Thursday in Jefferson County Circuit Court.

The complaint accuses the party of not accepting qualifying papers from former Commissioner Steve Small.

Walter Braswell, who filed the complaint on Small's behalf, said the party doesn't want his client to run in District 2 because incumbent Shelia Smoot is vulnerable.

Joe Turnham, chairman of the Alabama Democratic Party, said on Thursday that Small violated the party rules by running against Smoot as an independent after Small lost in a runoff in the last election. -- Small says Democrats single him out for ban

Posted by Ed at 7:46 AM | Permalink | Comments (1) | TrackBacks (0)

The Vindicator reports: Charles A. Wilson Jr. doesn't have enough valid signatures on his nominating petitions to run in the Democratic primary for the 6th Congressional District race, The Vindicator has learned.

The Columbiana County Board of Elections is left with no other choice but to disqualify Wilson's candidacy for the seat at its meeting today.

Wilson has only 48 valid signatures on his nominating petitions, according to two Democratic sources and one Republican source with knowledge of his petitions. Congressional candidates need 50 valid signatures from registered voters in their districts to get on the ballot. ...

His petitions had 96 signatures, all from Belmont and Scioto counties. Those counties are split into two congressional districts, and 43 of the signatures on his petitions came from voters who live in other congressional districts. -- Vindy.com - Sources: Wilson petitions not valid

Thanks to Richard Winger for the tip.

Posted by Ed at 7:44 PM | Permalink | Comments (0) | TrackBacks (0)

The Columbus Ledger-Enquirer reports: A Houston County, Ala., judge appointed Chief Deputy District Attorney Buster Landreau to continue the civil case challenging whether Russell County Commissioner Ronnie Reed has the right to keep his post.

District Judge Brad Mandheim of Dothan listened to arguments two weeks ago from Landreau, Reed's attorney Jim McKoon and Ken White, attorney for Fort Mitchell resident Gerald Kite, about who should continue the case against Reed. The commissioner's eligibility for holding office is being questioned because he was convicted of burglarizing Safe Lite Optical on Jacqueline Drive in Columbus in 1975.

Mandheim decided Friday to make Landreau fold his investigation into Kite's original complaint.

According to Alabama law, a convicted felon not pardoned in the state where the offense occurred is not eligible to hold public office in Alabama. Reed's voting rights were restored at the end of his sentence, but his political rights weren't restored by the Georgia Board of Pardons and Paroles until December -- after the challenge was filed and more than a year after he was elected. Reed, 51, represents Russell County District 4. -- Ledger-Enquirer | 02/22/2006 | Judge rules to continue case

Posted by Ed at 7:17 AM | Permalink | Comments (0) | TrackBacks (0)

The Dallas Morning News reports: Several incumbents and veteran candidates have seized on flaws in their primary opponents' ballot applications, using lawsuits and challenges brought before the state parties to eliminate their opponents before the campaign begins.

Political consultants and election officials said they're seeing more challenges this year. Many have occurred in judicial races, in which candidates typically have less money to mount a statewide campaign and are looking for any advantage.

"One of the first things you do before you spend your campaign money is try to find something to challenge, so you don't have to spend your campaign money," said Jim Boynton, primary director for the Texas Democratic Party.

The Democratic Party is researching challenges made in two races for the appellate courts and one for a state House district. Several Republican contenders have already scored early knockouts with ballot challenges.

Some candidates bringing the challenges offered no apologies for holding opponents to the letter of the law. But the losing candidates and advocates of more political participation said the punishment was too harsh for what amounted to political misdemeanors and robs voters of choices. -- Dallas Morning News | News for Dallas, Texas | Latest News

Thanks to reader Dave Rausch for telling me about one of these challenges.

Posted by Ed at 9:26 PM | Permalink | Comments (0) | TrackBacks (0)

The Chicago Tribute reports: The Illinois Appellate Court reversed a temporary restraining order Tuesday in a case involving three judges who missed a filing deadline to run for retention, opening the door for other candidates to seek their seats.

The ruling could soon be moot, however, if a Cook County circuit judge grants the judges' motion for summary judgment on grounds that the current December filing deadline violates the state constitution. ...

Lawyers for the three judges obtained the temporary restraining order preventing other candidates from filing for the seats while a court battle is waged to get the three judges on the ballot. -- Chicago Tribune | Reversal of court order opens door to candidates

Posted by Ed at 7:55 PM | Permalink | Comments (0) | TrackBacks (0)

The Chicago Sun-Times reports: An embarrassing blemish in the annals of Cook County's judicial history -- that's all that's likely to become of the case of three judges who, state officials said, failed to file their paperwork for re-election before a state-mandated deadline.

Joan Margaret O'Brien, Carole Kamin Bellows and James A. Varga are all likely to appear on the 2006 ballot, despite objections filed by the Illinois secretary of state's office, which wouldn't accept their paperwork after Dec. 5.

Tuesday, Cook County Judge Patrick McGann granted the three judges a temporary restraining order barring the state from declaring any vacancies or accepting nominating petitions from anyone else. -- 3 judges with late paperwork likely to be on ballot

Posted by Ed at 5:32 AM | Permalink | Comments (0) | TrackBacks (0)

Cross-posted to DearSenator.org

Ballot Access News reports: Judge Samuel Alito authored a New Jersey ballot access decision in 1999, Council of Alternative Political Parties v Hooks, 179 F 3d 64. It upheld New Jersey’s early June petition deadline for non-presidential minor party and independent candidates. Alito upheld the deadline based on the state’s interest in “voter education� (in other words, if candidates could get on the ballot as late as, say, August, there might not be even time for voters to learn about them). Also, Alito said that a state has an interest in treating all candidates equally. The major parties hold their primaries in June, the same day minor party and independent candidate petitions are due; Alito felt it would be unfair to the major parties if minor parties could enter the race later than the primary. -- Judge Alito’s Ballot Access Decision

I did a quick Westlaw search this morning as I heard the news about Alito. This was the only case I found in the election area.

Posted by Ed at 7:41 PM | Permalink | Comments (0) | TrackBacks (0)

The Mobile Register reports: The Alabama Supreme Court denied Gov. Bob Riley's request to delay an upcoming special election to fill a vacancy on the Mobile County Commission.

The unanimous decision, announced Tuesday, means that the election most likely will proceed as scheduled with party primaries on Nov. 22. The general election is set for Jan. 3. ...

Meanwhile, the Supreme Court also agreed to expedite its review of a lower court ruling in the case. Briefs could be accepted as late as Dec. 8, well after the primaries. ...

The vacancy occurred when longtime District 1 Commissioner Sam Jones, a Democrat, was sworn in as mayor of Mobile earlier this month.

Three Mobile County legislators, all Democrats, sued to force a vote for the seat. Trial Judge Eugene Reese, a Democrat on the Montgomery County Circuit Court, ruled that there should be a special election to choose someone to serve the three years remain ing on Jones' commission term. The special election is projected to cost $189,000. -- High court clears way for primaries

Posted by Ed at 8:16 PM | Permalink | Comments (0) | TrackBacks (0)