West Virginia: Justices say replacement candidate should be on ballot | West Virginia Record

The state Supreme Court has ruled that a replacement House of Delegates candidate will be on the Nov. 4 general election ballot in Kanawha County. The Justices ruled Wednesday that Marie Sprouse-McDavid should be on the ballot for the 35th House district after sitting Delegate Suzette Raines withdrew as a candidate this summer. The Kanawha County Republican Executive Committee and Sprouse-McDavid had filed a petition with the court last week to hear the case. Because of the impending election, the case was heard Tuesday and ruled upon quickly. In Wednesday’s decision, the Justices rule that the KCREC “has demonstrated sufficient grounds to warrant issuance of the requested writ of mandamus.”

West Virginia: State Election Commission criticized in Supreme Court arguments | WV MetroNews

Members of the state Supreme Court openly questioned Tuesday why the State Election Commission didn’t consider a 1992 opinion about ballot vacancies when it decided to keep a spot open on the Kanawha County ballot. At issue is whether the Kanawha County Republican Executive Committee should be allowed to replace Del. Suzette Raines on the ballot in the 35th District delegate race after Raines withdrew from the race. The SEC decided Aug. 13 Raines’ reasons to get out of the race didn’t meet the standard needed to replace her. Republicans are challenging the ruling. The case was argued for 45-minutes before the High Court Tuesday afternoon.

Tennessee: Third parties still fighting for ballot access | Associated Press

Four years after the Libertarian Party of Tennessee filed its first lawsuit to get on the ballot, the group is still fighting for access in a state that has some of the most restrictive rules in the country for smaller political parties. Since 2010, the Libertarians, the Green Party of Tennessee and the Constitution Party of Tennessee have been in near-constant litigation with the state. They have won several victories, and the legislature has changed the law slightly. But the parties say the hurdles for them to get their names on the ballot are still unreasonably high. A 2010 federal court ruling in one of the cases stated that Tennessee was one of only two states where no third parties had qualified for the ballot over the previous decade. Individual candidates can appear on Tennessee’s ballot simply by submitting a petition with 25 signatures, but they will appear as independents unless their parties have qualified to appear on the ballot as well. For a party to appear on the ballot, it must collect more than 40,000 signatures. If the party wants to stay on the ballot, one of its candidates must garner more than 80,000 votes.

Alaska: Native Alaskans secure a voting rights victory in court | The Washington Post

The state of Alaska says it will do a better job offering language assistance to its native population following a federal court ruling this week. The ruling marks the end of a legal campaign that began a year ago when the state was sued by four tribes and two native voters for failing to provide sufficient ballot language assistance. After a nine-day trial earlier this summer, U.S. District Court Judge Sharon Gleason on Wednesday issued her ruling, asking the state to submit a proposal by Friday for changes that could be implemented before the November election. “This case boils down to one issue,” Natalie Landreth, an attorney with the Native American Rights Fund, which filed the lawsuit with two national law firms, said in a statement following the ruling. “English speakers receive a 100-page Official Election Pamphlet before every election and Yup’ik speaking voters have been receiving three things: the date of the election, the time of the election, and a notice that language assistance will be available at the poll.  That’s it.  That is a very clear violation of the law, and it has to change, now.”

Editorials: The skulduggery of ousting Illinois candidates | Chicago Tribune

We know, we know: Politics ain’t beanbag. But politics doesn’t have to be rotten and nefarious either. Yet oodles of people who run for office in this state will tell you of strong-arm tactics they endured, sometimes from their own party, to get their names on an Illinois ballot. It’s shameful. Sincere candidates who believe in public service spend months walking door-to-door collecting signatures — one of the purest elements of democratic elections — only to get kicked off the ballot through dishonest means. The latest allegation of skulduggery accuses Republican Party leaders of trying to remove Libertarian Party candidates from the Nov. 4 ballot, ostensibly to protect GOP candidate for governor Bruce Rauner. Rauner would compete more easily in a one-on-one race with Gov. Pat Quinn with no Libertarian candidate siphoning off votes. Rauner says he knew nothing of the alleged intimidation.

South Dakota: Judge rules against Libertarian in ballot lawsuit | Associated Press

A federal judge ruled Thursday against the South Dakota Libertarian Party in an attempt to add its Public Utilities Commission candidate to the November general election ballot. U.S. District Judge Lawrence Piersol heard arguments and concluded Secretary of State Jason Gant followed state law last week in declaring Ryan Gaddy, of Sioux Falls, ineligible to run for the office because he didn’t change his party affiliation from Republican in time to be nominated at the Libertarian convention. “It seems to the court Secretary Gant had no alternative other than to deny the application,” Piersol said. He also deemed constitutional a state law requiring candidates to be members of the party that nominates them.

South Dakota: Judge orders Gant to add Lora Hubbel to Lieutenant Governor ballot | Argus Leader

Voters will see gubernatorial candidate Mike Myers’ pick for lieutenant governor on their ballot this fall, not his original choice who later withdrew. A federal judge on Monday ordered Secretary of State Jason Gant to print ballots listing Lora Hubbel’s name as Myers’ running mate. Gant had refused to do so, saying there’s no state law allowing an independent candidate to be replaced. But Judge Lawrence Piersol said that was likely an “oversight” and that not letting Myers replace his running mate would infringe on his rights and impose an “unequal burden” on non-party candidates. Gant said he wouldn’t appeal Piersol’s order and would immediately add Hubbel to the official candidate list. Ballots will be printed in early September. “I’m very glad the court has decided this is how they want to do it, and we’re happy to do it,” Gant said after the ruling.

New Hampshire: State faces lawsuit over new election law | New Hampshire Union Leader

The New Hampshire Civil Liberties Union is suing the state over a new law that it says will stack the deck against third parties trying to gain ballot access. The lawsuit, filed July 22 on behalf of the Libertarian Party of New Hampshire, challenges a requirement that nomination papers for a political organization “be signed and dated in the year of the election.” It compresses the time frame to collect these signatures and poses a hindrance for the Libertarian Party to compete, according to Gilles Bissonnette, staff attorney for the New Hampshire Civil Liberties Union. “This law strips away voter choice,” he said in an interview.

Pennsylvania: Minor parties win right to challenge election code | Pittsburgh Post-Gazette

A decade after Ralph Nader‘‍s failed attempt to get on the presidential ballot in Pennsylvania, the U.S. Court of Appeals for the 3rd Circuit in Philadelphia ruled Wednesday that minor parties should get another day in court. The 54-page opinion stated the Constitution, Green and Libertarian parties have the standing to challenge the constitutionality of two provisions of state election code regulating ballot access. Third-party candidates are required to submit nomination petitions with signatures, and then to bear administrative and legislative costs if those petitions are successfully called into question.

New Mexico: Independent challenges ballot access rules | Associated Press

A Public Education Commission member is asking a federal court to invalidate New Mexico’s requirements for independent candidates to secure a place on the ballot. Tyson Parker of Corrales brought a lawsuit in federal district court last week, contending state election laws discriminate against candidates unaffiliated with a political party by requiring them to submit an unfairly high number of voter signatures on nominating petitions. To get on the ballot, Parker needed nearly eight times more signatures than a Democratic candidate, almost five times more than a Republican and three times more than a minor party candidate.

Tennessee: Green, Constitution parties push for recognition | Tennesseean

Most voters will think only about Republicans and Democrats when they go to the polls this summer and fall, but a few political activists want at least some Tennesseans to consider alternatives. Representatives of the Green Party and Constitution Party say they will push to establish a foothold in Tennessee politics following years of battles in the courts and state legislature. They would appear to have their best opportunity in decades to do so. A federal judge has ordered state officials to let Greens and Constitutionalists appear on the ballot for just the second time ever. And the races at the top of the ballot are likely to be landslides, which could make it easier for them to pitch Tennesseans on casting third-party votes in protest.

Editorials: What’s Wrong With New York? | TPM

In recent years, we’ve seen a topsy turvy battle over the expansion and restriction of early voting and other reforms intended to make it easier for people to vote and thus expand the number of people who vote. Democrats (favoring more voting) and Republicans (favoring less) each act out of a certain self-interest. But contrary to articles like this one that present this as a mere battling for partisan advantage, the two sides aren’t equal. In a democratic society, efforts to expand the franchise have an inherent political morality on their side. And sites like TPM have routinely and rightly condemned various state GOPs who have gone to great lengths since 2010 clawing back early voting opportunities (and pushing other voting restrictions) to reduce voting by the young, the poor and the non-white. So I bash Republicans in Ohio and North Carolina for restricting early voting. And yet I live in a state in which there’s no early voting at all. In fact, New York state might at best be described as living in a voting world of two or three decades ago.

Ohio: Libertarians appeal to US Supreme Court | Associated Press

The Libertarian Party of Ohio immediately appealed to the U.S. Supreme Court on Thursday after a lower court denied its attempt to get a gubernatorial candidate on Tuesday’s primary ballot. Their candidate, Charlie Earl, was disqualified by Secretary of State Jon Husted after his nominating petitions were challenged. Husted agreed with a hearing officer who found two Earl petitioners failed to properly disclose their employers.

Editorials: Alabama ballot barriers too tough | Montgomery Advertiser

Most Alabama voters won’t see anything other than Republicans and Democrats on their ballots in the November general election. That’s because it’s hard — unjustly hard — for anyone else to get on the ballot in our state, thanks to the restrictive ballot access law the Legislature has refused to change. Lawmakers have had many opportunities to amend the law to something more reasonable that still protects the integrity of the ballot, but a bill to do that failed in this year’s session, just as similar measures have languished in past sessions. Independent candidates face serious barriers to the ballot here. Under current law, an independent candidate trying to run for a statewide office must collect signatures of registered voters — lots of them. The candidate must present to the secretary of state petitions bearing such signatures totaling at least 3 percent of the number of votes cast for governor in the previous general election.

Massachusetts: GOP, Fisher spar in court over ballot access | Worcester Telegram & Gazette

A lawyer for the Massachusetts Republican Party argued in Superior Court Friday morning that a judge should not get involved with GOP delegates’ disputed vote for governor because doing so would invite an open-door policy for every losing candidate. Rather than protecting the rights of a disappointed candidate to run, he argued, the judge should consider the rights of the delegates who voted at the convention and whose constitutional rights could be overruled by judicial interference. “There are strict rules that are in place and there are obligations to comply with those rules,” said MassGOP lawyer Louis M. Ciavarra. “The rough and tumble world of conventions and backroom politics and how it really happens in the real world is not the place for judicial interference,” Mr. Ciavarra added. But Suffolk Superior Court Judge Douglas Wilkins questioned Ciavarra’s interpretation, noting, “This case is framed as an alleged violation of the party’s own rules.”

Iowa: State Supreme Court will hear appeal in state Senate ballot case involving Des Moines race | Des Moines Register

allows a Democratic candidate to remain on the ballot for an Iowa Senate race in Des Moines is being appealed for a second time. Gary Dickey, a lawyer for former state Rep. Ned Chiodo, said the Iowa Supreme Court has agreed to hear the case at 9 a.m. Wednesday. Chiodo is challenging a decision by District Judge David Christensen, who ruled Wednesday that former state Sen. Tony Bisignano is eligible to run for office despite a conviction for second-offense drunken driving.

Ohio: Ed FitzGerald’s ‘voting rights’ legislation clears Cuyahoga council committee; Republicans dissent | Cleveland Plain Dealer

A Cuyahoga County Council committee voted along party lines Tuesday to advance “voter rights” legislation that conflicts with a new state law, a move which takes the county closer to what Republican council members said could end up being a costly legal fight. The eight Democrats on council’s committee of the whole – which is made up of all 11 council members — voted to move forward with legislation introduced last month by county Executive Ed FitzGerald, a fellow Democrat, while the council’s three Republicans dissented. The move indicates council is poised to approve the legislation, which would assert the county’s right to mail out unsolicited early voting applications and addressed envelopes with pre-paid postage to all its registered voters, at an upcoming meeting. The legislation is a response to a new state law, passed by Republicans in Columbus in February, that forbids counties from mailing out the applications. The new law allows the Ohio Secretary of State to send them out, statewide, if lawmakers appropriate money to pay for it — Republican Secretary of State Jon Husted says he plans to do so this November. Republicans say the new law promotes voting equality across all Ohio’s 88 counties.

Ohio: Judge rules Libertarians will stay off ballot | Cincinnati.com

Libertarian candidates for Ohio governor and attorney general were rightly disqualified from the ballot, a federal judge said Wednesday, upholding a ruling this month by Ohio Secretary of State Jon Husted. Husted had removed gubernatorial candidate Charlie Earl and attorney general candidate Steven Linnabary from the ballot because people who gathered the 500 signatures they each needed to qualify did not identify their employers, as required by Ohio law. That law is constitutional, Judge Michael Watson said Wednesday. “The public interest is best served by allowing Ohio to acquire the identities of petition circulators and those who pay them in order to detect and deter fraud in the election process,” Watson said in his decision.

Ohio: Libertarians Say GOP Schemed To Keep LP Candidates Off State Ballot | Reason.com

Charles Earl is trying to run for governor of Ohio. A native of Bowling Green, the one-time Republican state representative now represents the Libertarian Party of Ohio (LPO). As the LPO’s gubernatorial candidate, Earl would challenge current Republican Gov. John Kasich and Democrat Ed Fitzgerald come November 2014, possibly siphoning off dissatisfied Ohio voters from Kasich. But Earl’s candidacy is currently in limbo. Last week, Earl received a letter from Ohio Secretary of State Jon Husted disqualifying him from the May primary ballot. Earl was disqualified on the grounds that those circulating petitions for his inclusion weren’t Libertarian Party members and/or failed to disclose themselves as paid LPO employees.

Ohio: Not so fast! Ohio voting cutbacks spark furious response | MSNBC

The effort by Ohio Republicans to make voting harder in the nation’s most pivotal swing state has triggered a furious response—one that could yet succeed in fighting off some of the worst effects of the new restrictions. “Since these bills have been passed, we have seen an incredible response from all corners of the state,” State Senator Nina Turner, who has helped lead the effort, told msnbc. “Ohioans are just plain tired of their ballot access being made into a political tool. From local leaders stepping out, to the court system, to the ballot, we are seeing the people push back against an effort to limit their voice using all the tools at their disposal.” Last month, Ohio lawmakers passed GOP-backed bills that cut six days of early voting, ended same-day voter registration, made it harder to vote absentee, and made it more likely that provisional ballots will be rejected. Just days after the bills were signed, Secretary of State Jon Husted, a Republican,announced the elimination of Sunday voting, effectively ending the “Souls to the Polls” drives organized in recent years by many African-American churches.

California: Padilla, Yee looking at 3rd party ballot access issues | CalNewsroom

Two Democrat state Senators, who are running for Secretary of State on the promise of free and fair elections, are looking into the new ballot qualification rules that are keeping third parties off the June ballot. Under new election rules established with the state’s Top Two primary, it would take the Green Party of California more than 16 years to raise enough money to pay the filing fee for all of its candidates in the June primary.

District of Columbia: Attorney General Election Excluded From D.C. Primary Ballot | Roll Call

The District’s April primary ballot will not include the city’s first attorney general election, in accordance with a Superior Court ruling issued Friday. Washingtonians in 2010 approved a charter amendment to make attorney general an elected, rather than appointed, position in 2014, but the D.C. Council has since attempted to cancel, then delay, such a vote. Superior Court Judge Laura A. Cordero on Friday afternoon denied a motion for injunction, after granting an emergency hearing for attorney general hopeful Paul Zukerberg on Thursday, just two days before the primary ballots headed to the printer.

Ohio: Libertarians win challenge to Ohio ballot limits | Associated Press

A federal judge on Tuesday blocked newly imposed Ohio limits to ballot access for minor parties, increasing the chances that Republican Gov. John Kasich will face a third-party challenger this fall. U.S. District Judge Michael Watson in Columbus issued his preliminary injunction in a constitutional challenge filed by the Libertarian Party of Ohio to a law that opponents call “The John Kasich Re-election Protection Act.” The legislation’s sponsor disputes the characterization. And Kasich has said he didn’t request the bill. The law, signed by the governor in November, established what qualifies as a political party and what percentage of the vote must be won to maintain that status. The previous qualifications were deemed unconstitutional in 2006, and third parties had been qualifying for the ballot at the secretary of state’s discretion.

Editorials: An interesting effort to expand ballot access in New Hampshire | Concord Monitor

State politicians across the country, including in New Hampshire, have spent the past few years debating a variety of ways to limit access to the ballot box – various forms of voter ID requirements, limiting hours and polling places, changing same-day registration rules and more. That context makes it all the more encouraging that there are two state legislators in New Hampshire actually working in the opposite direction: a plan to expand access to the voting booth. When the Legislature returns in January, one of the proposals on their agenda will be a constitutional amendment to allow 17-year-olds who will be 18 by November to vote in that year’s primary elections. The idea sounds sort of random until you think about it a bit: The target audience are those teenagers who will have the right to vote in November but – without the change – get no say in whose names appear on that general election ballot. If you consider party primary elections part of that year’s total election process, why not let them participate in the entire operation?

Iowa: Controversy surrounds Iowa voter fraud investigations | Associated Press

An 18-month investigation into voter fraud that has cost nearly $150,000 has led to charges against 16 people in Iowa, many of whom said they mistakenly registered or believed they were eligible to vote. Iowa Secretary of State Matt Schultz, who launched the investigation and has made ballot security a key issue, said the results show that voter fraud is a problem. But his critics scoff at that argument, saying the investigation confirmed that misconduct is insignificant in Iowa, where about 2.1 million people are registered to vote. Schultz, a Republican, signed a two-year deal with the Iowa Division of Criminal Investigation in July 2012 to assign an agent to investigating voter fraud cases fulltime. The contract allowed him to pay as much as $280,000 for the investigations. Five cases have been dismissed, while five others were resolved in guilty pleas. As part of the plea deals, three people paid fines, one received a suspended sentence and probation, and one is serving five years in prison for perjury and identity theft. So far no cases have gone to trial, though two cases’ trials are pending.

New Mexico: Constitution Party sues secretary of state for ballot access | The Rock River Times

July 18, the Constitution Party of New Mexico (CPNM) received a letter from Secretary of State Dianna Duran (SOS) stating they are not qualified for ballot access. However, she did not follow state Elections Code that requires a notice of disqualification no later than March 15. The SOS did not notify county clerks of the removal and non-qualification of the party within the required time frame, and failed to notify registered members of the party within 45 days of the non-qualification of the party. Party members did not receive notice until Nov. 1, a full six months past the deadline. In addition, the SOS broke precedent: from 1997 through 2011, when a party submitted a successful ballot access petition, as CPNM did, it attained ballot status the next two elections, not just one. Nov. 25, Jon Barrie, chairman of the NMCP, filed an Emergency Petition for Writ of Mandamus with the New Mexico Supreme Court to reverse Dianna Duran’s ruling — Nov. 26, the court asked the SOS to respond by Dec. 14.

National: State lawmakers mull expanding ballot access | Gannett

States are gearing up for another battle over ballot access, and Florida, a key swing state, could again find itself in the middle. Florida’s next legislative session could be marked by fights over absentee ballots, online registration and early voting sites. Earlier this year, state lawmakers eased some voting restrictions enacted in 2011. Those restrictions, including a reduction in early voting days, had helped snuff out voter registration drives and contributed to lines as long as seven hours on Election Day in 2012. Now, a key Democrat in Florida’s House of Representatives wants the state’s Republican-controlled Legislature to go further by making it easier for residents to register and vote.

National: Democratic state lawmakers push for ballot access | USAToday

States are gearing up for another battle over ballot access, and Florida, a key swing state, could again find itself in the middle. Florida’s next legislative session could be marked by fights over absentee ballots, online registration and early voting sites. Earlier this year, state lawmakers eased some voting restrictions enacted in 2011. Those restrictions, including a reduction in early voting days, had helped snuff out voter registration drives and contributed to lines as long as seven hours on Election Day in 2012. Now, a key Democrat in Florida’s House of Representatives wants the state’s Republican-controlled Legislature to go further by making it easier for residents to register and vote.

National: Republicans target minor parties after election losses | Washington Post

Republican legislators and political activists in several red states are taking steps to make it harder for minor party candidates to make the ballot after a string of elections Democrats won with less than 50 percent of the vote. The Ohio legislature voted earlier this week to require minor parties to collect signatures of 1 percent of the number of voters who cast ballots in the last gubernatorial or presidential election. Libertarians and Green Party members complain that the rule — which would require them to gather about 56,000 signatures to make the 2014 ballot — sets an impossibly high standard. In Arizona, Gov. Jan Brewer (R) signed legislation earlier this year to require candidates running for Congress to collect enough signatures to represent one-third of 1 percent of registered voters in their respective districts. That’s a 40-fold increase in the number of signatures Libertarian Party candidates would have to collect.

Editorials: Ohio Republicans should deep-six flawed measure on third-party access to ballot | Cleveland Plain Dealer

A misconceived Republican bill that would make it harder for third parties, such as the Libertarian Party or Green Party, to get on Ohio’s ballot has stalled at the Statehouse. That’s the good news. The bad news: A Senate-House conference committee could retool Senate Bill 193 to ease its passage later this year, when Ohioans are distracted preparing for holidays or bracing for winter. Federal courts ruled last decade that Ohio made it too hard for third parties to get on the ballot. Legislators never passed a replacement law, so court orders form today’s legal framework for third parties. Supposedly, Senate Bill 193 would fill a void. But if the status quo is a problem, someone needs to tell third parties.