U.S. Supreme Court Has Not Acted on Whether to Expedite Kari Lake’s Lawsuit on Electronic Vote-Counting Machines

On March 20, Arizona’s Republican 2022 nominees for Governor and Secretary of State, Kari Lake and Mark Fincham, had asked the U.S. Supreme Court to expedie consideration of whether to hear their lawsuit on electronic vote-counting machines. A week has passed and the Court still hasn’t acted on the request. Lake v Fontes, 23-1021. The candidates believe the machines are not reliable and they want their case heard in time to alter the 2024 elections.

Nevada Law on Whether Independent Presidential Petitions Must Include a Vice-Presidential Candidate is Ambiguous

As has been reported, the Robert F. Kennedy, Jr., independent presidential petition in Nevada was circulated without a vice-presidential candidate listed.

The Nevada law says, “298.109. A person who desires to be an independent candidate for the office of President must file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President.”

The law also says the candidate must file a copy of the petition before the petition is circulated.

The Kennedy campaign filed a copy of their petition with the Secretary of State before it was circulated, and the Secretary of State’s office approved the petition even though it didn’t list anyone for vice-president. Then, in an abundance of caution, the campaign again asked the Secretary of State is a vice-presidential candidate was needed, and was told that it was not. The Secretary of State’s response is in writing.

It is possible to read the law to mean that the vice-presidential candidate’s name is required on the declaration but not the petition. The use of the word “in”, instead of “on”, suggests this idea.

Before 1993, the law said, “A person who desires to be an independent candidate for President must file with the Secretary of State a certificate of candidacy, in which he may also designate his nominee for Vice President. The certificate must be signed by the candidate for President, his nominee for Vice President if designated, and…” (the remainder of the sentence contains the number of signatures required).

In 1980, John Anderson’s Nevada petition did not list anyone for vice-president. Also in 1992, Ross Perot’s Nevada petition did not list anyone for vice-president. The Perot petition had a blank line for vice-president.

Hawaii Democratic Party Officials File a Challenge to the We the People Party

Last month, the Hawaii Elections office determined that the We the People Party had enough valid signatures to be a qualified party. The party was formed by supporters of Robert F. Kennedy, Jr., because in Hawaii the petition for a new party requires far fewer signatures than the petition for independent presidential candidates.

Recently some Democratic Party officials challenged the validity of the party’s status. The challenge is not to the petition validity, but to the fact that in 2022, two of the officers of the We the People Party voted in the Democratic Party primary. The objectors say that this makes them Democrats, and that they are therefore not eligible to be officers of the We the People Party.

Hawaii does not have registration by party. Nothing in the election law supports the notion that if someone votes in a party primary, he or she is therefore trapped into being a party member for the infinite future. The challenge will face an administration hearing on March 28.