JP Election Brief: Election laws challenged

The JP Election Brief
Pulling back the curtain on the drama of judicial elections
In this issue...
Election news from: Ohio, North Carolina, Missouri,  Florida, Utah and Louisiana

July 3, 2014

by: State Courts Staff

This week, we examine some challenges to election laws and procedures in both Ohio and North Carolina. A previously disqualified candidate from Missouri made it back onto the ballot just in the nick of time, while a Louisiana judge who is past the age of mandatory retirement is running for re-election anyway. We'll also meet the candidates for two contested races in Florida and see how Utah's judges fared in their recent evaluations.

Important dates: Filing deadline: 7/7: Michigan Primary runoff: 7/15: Alabama

Challenge to Ohio's current judicial elections system fails

Ohio:

In Ohio, judicial candidates must first win a party primary to appear on the general election ballot. When they do, however, their party affiliation does not appear next to their name on the November ballot. And, it appears this unique system will continue now that a federal judge has ruled that the United States Constitution does not forbid it.

U.S. District Judge Susan Dlott of the United States District Court for the Southern District of Ohio ruled against a challenge brought by the American Federation of State, County and Municipal Employees, the Ohio Democratic Party and others. The challengers argued that not identifying candidates by their party in the general election violated their First Amendment freedom of expression. Supporters of the current system countered that there is ample information available to voters who are interested in learning about the candidates, including their party affiliation.

In her ruling, Dlott questioned whether the system was “good public policy,” and even suggested that “Ohio’s… approach serves neither interest particularly well,” but nonetheless concluded that “the state has broad power to prescribe the manner of elections…”

The debate has largely fallen along party lines, with Republicans generally favoring the nonpartisan system and Democrats arguing for party affiliation on the general election ballot. Unions and the Democratic Party note that there is typically a large drop-off between the number of people who vote in the general election and the number of votes cast for judicial candidates, and that identifying candidates by party would boost voter participation in judicial races. Republicans insist that name recognition is the most important factor when voting, not party affiliation, and that it’s up to the party to communicate its message to voters.

Voter ID law still under fire in North Carolina

North Carolina:

New voting laws passed by the legislature and the Governor last year will begin to go into effect this November unless opponents of the laws are successful in federal court. The U.S. Department of Justice, the North Carolina NAACP, and others, have filed for a preliminary injunction that would stop the changes from taking place in the upcoming election.

The law, known as the Voter Information Verification Act, was passed soon after the Supreme Court ruled on Shelby County v. Holder, striking a section of the Voting Rights Act of 1965 that required required states with a history of discrimination to have any changes to their voting process examined by the Justice Department. Once North Carolina was able to move forward on voting law changes without such a restriction, they did so.

The new law requires a photo ID in order to vote. Though that is the most divisive issue, it will not take effect until 2016. This year, the law is set to: reduce the early voting period by 7 days, eliminate some same-day voter registration during early voting, cause ballots cast in the right county but wrong precinct to be discarded, and allow voters to challenge each other's right to vote, among other things.

Rev. William Barber, the president of the state's NAACP, called the act a "monster voter suppression law." The Obama administration and others who oppose the law say that it disenfranchises minority citizens.

However, groups like Judicial Watch and, often, Republicans argue that the new laws provide a more reliable voting system by eliminating fraud. Tom Fitton, the president of Judicial Watch, said, "It is high time that the Obama administration comes into line with the majority of the American people who want to strengthen rather than weaken ballot box integrity."

During the May primary, a sort of dry run was held in which poll workers asked voters some questions about photo ID's, even though voters were not required to have one to cast a ballot. Though this was not a scientific study and some confusion was reported, 75% of those polled said the instructions regarding voter ID's were clear. However, 44% of the voters polled said that the changes actually made them feel less confident in the fairness of the voting rules. Broken down further by ethnicity, a minority of both black and white voters felt the rules made them feel more confident in the security of elections; 44% of white voters and 20% of black voters said it increased their confidence in the system. It is helpful to keep in mind that primary elections often attract fewer voters than general elections, so the opinions of November's voters could be different.

The case will go to U.S. District Judge Thomas Schroeder, who will rule on the proposed preliminary injunction.

Disqualified Republican makes it onto the Butler County ballot at last minute

Missouri:

Every Thursday, Judgepedia's State Courts Staff highlights interesting events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs.

After being disqualified from his judicial race, Carter County Prosecuting Attorney Rocky Kingree is back on the ballot. Kingree is the only Republican running for the Division 2 associate circuit judge seat in the 36th Circuit of Missouri. The circuit serves Butler and Ripley counties.

Kingree was disqualified by Butler County Clerk Tonyi Deffendall because he did not meet a one-year residency requirement enacted last August. However, Kingree, who is from Van Buren, invoked the Missouri Constitution, which simply requires associate circuit judges to be residents of the county in which they preside. He said he planned to establish his residence in Butler County in time for the primary election on August 5. He was to be unopposed in that primary before facing incumbent Democratic Judge John Bloodworth in the November election.

After a June 19 appellate court ruling in a separate case, heard by Joseph Ellis of the Western District, Kingree filed a petition to the 36th Circuit for a writ of mandamus and request for preliminary order. Ellis wrote in his ruling that "an election authority is not allowed to adjudicate election qualifications and is without authority to remove a citizen's name from the ballot." Citing that ruling, Kingree was able to get his name on the ballot.

Because Presiding Judge Michael Pritchett recused himself, the supreme court appointed Judge Fred W. Copeland of the 34th Circuit in New Madrid County to hear the case.

The court made its order at the last minute, because June 24 was exactly six weeks before the election--the deadline to make such a decision.

The contested races of Florida's 20th Circuit

Florida:

There will be two contested races in Florida's Twentieth Circuit Court this year. The 20th Circuit serves the counties of Charlotte, Collier, Glades, Hendry and Lee.

Twentieth Circuit Court - Group 16: Incumbent Amy R. Hawthorne was appointed by Governor Scott on February 7, 2013, to fill the vacancy created by retiring Judge John W. Dommerich. She will square off against Steven S. Leskovich in the Group 16 primary.

Hawthorne has been in private practice since 1998. She served as assistant public defender from 1993 to 1998 and worked as a general magistrate for the Twentieth Circuit Court from 2010 to 2011. In the press release announcing Hawthorne's appointment, Governor Scott stated that, "Amy's handling of cases as a civil magistrate has shown a clear understanding of the application of the law in a consistent and predictable manner."

On her campaign website, Hawthorne lists her active membership in the Fort Myers Rotary Club as well as previously serving on the board of directors for the Florida Rural Legal Services and Florida Equal Justice Center. In 2012 she was a member of the Hope Hospice Celebration of Women Committee.

Leskovich is currently employed as a managing partner in the law firm of Galasso & Leskovich, LLC. After earning his B.B.A. degree in economics with honors from Ohio's Kent State University, he attended the Thomas M. Cooley Law School in Michigan. Leskovich began his legal career as an assistant public defender for the Twentieth Circuit in Lee County, Florida. In 2002, he began working for a private criminal defense law firm in Fort Myers.

Leskovich's website lists his civic involvement on the board of directors for the Southwest Florida Safety Council. He formerly served on the board for the Charlotte County Homeless Coalition. He is a member of both the Charlotte and Lee County Bar Associations, a member of the Charlotte County Chamber of Commerce and of the Punta Gorda Chamber of Commerce. In addition, Leskovich is also a member of the Florida Association of Criminal Defense Lawyers.

Twentieth Circuit Court - Group 3: Vying for the vacancy in Group 3, Robert Branning and Mary Evans are preparing for the primary election.

Branning is a partner for his Fort Myers firm Rehak & Branning, LLC. The firm focuses on family matters, estate planning, and criminal defense. He also teaches law and ethics courses as an adjunct professor at Southwest Florida College. He formerly worked as an instructor at the Southwest Florida Institute for Public Safety and also formerly worked as a prosecutor for the Office of the State Attorney, 20th Judicial Circuit. Currently an active member of the Lee County Chapter of the Florida Association of Criminal Defense Lawyers, he previously served as president of the organization. Branning received his law degree from the Mississippi College School of Law.

Evans earned her J.D. from the Stetson University College of Law and has been a member of the Florida Bar since 2003. She has served in various leadership positions within the Lee County Bar Association, including President, Vice President, secretary, Member at-Large, Family Law Section Chair, Mock Trial Committee Chair and Social Committee Chair. Evans currently works as a certified family mediator.

All judges recommended for retention in Utah

Utah:

The Utah Judicial Performance Evaluation Commission has released their retention reports for the 2014 elections. These reports are recommendations on whether or not a judge should be retained by voters to a new term. The evaluation period for judges up for retention was in the month of June.

All judges that are up for retention this year were recommended to be retained. Every judge except one got unanimous votes for a positive recommendation. Judge David C. Marx, a justice court judge in the First Judicial District, is the only candidate who received any negative votes. Even so, his score was positive--10 votes for retention, and 3 against.

Each report details the judge's professional experience and includes scores from a survey that was given out to individuals who have had experience with the judge. In the survey, there was a section asking respondents to choose adjectives from a list that describe the judge. The report shows the percent of positive adjectives that were chosen, and how many times each specific adjective was picked.

The full evaluations can be found on the Utah Judicial Performance Evaluation Commission's website.

72-year-old Louisiana judge runs for re-election despite age restriction

Louisiana: Hoping for another term on the bench, District Judge Leo Boothe of Louisiana will be counting on more than just the success of his own campaign as he watches votes being tallied this November.

Boothe, 72, is prohibited by the state constitution from serving out another six-year term. Law requires that judges retire at 70. A sitting judge may continue serving beyond his or her seventieth birthday, but that judge may not be elected again.

However, another item on the November ballot may work in Boothe's favor. A constitutional amendment removing the mandatory retirement age for state judges will be put to popular vote, thanks to a resolution that the Louisiana Legislature passed this session. Voters will be asked to check "Yes" or "No" regarding the removal of Article V Section 23B, which details the mandatory retirement policy.

Boothe is currently serving his fourth term on the bench—and between the prompting of others and his own confidence, he has decided to run in hopes that the amendment passes.

“	I am still healthy and alert, and I am kind of a people person. I make myself available 24 hours a day, and I answer the phone for both parishes around the clock. The job is not that hard, but making yourself available is the main aspect of it.	”
—Leo Boothe

If Boothe wins the election but the amendment is rejected by voters, he will be sworn in but forced to retire immediately. The judge is nonetheless optimistic about the election, citing public polls from last year that showed favor for the amendment.

“	Unless public opinion has drastically changed in the last year, I anticipate it will pass. A similar bill sailed through both the houses of the legislature last year, but the governor was opposed to it because he didn't want a statewide initiative because some other stuff would have piggypacked on it. He indicated he wasn't opposed to [the measure] this year.	”
—Leo Boothe

See also

• Judgepedia's Election Central
• 2014 judicial election dates