Tag Archives: reconsider

6th Circuit Invalidates Much of Lower Court Ruling on 3rd Party Ballot Access

By Travis Lollar, Associated Press
NASHVILLE, Tenn. — A federal appeals court on Friday ordered a lower court to reconsider whether Tennessee law makes it too difficult for third parties to get on the ballot.
In February, U.S. District Judge William Haynes Jr. struck down state rules requiring third-party candidates for high-level offices to be selected through a primary. He also struck down a requirement that the parties and candidates collect about 40,000 signatures and turn them in seven months before the election.
After that decision, the General Assembly changed the law to make it easier on third parties.
Under the new rules, minor political parties can still use the primary process. They also have the option of selecting nominees in accordance with their own internal rules.
If they chose to do the latter, the parties still have to collect signatures, but they don’t have to turn them in until 90 days before the election. The individual candidates don’t have to collect signatures.
The three-judge panel for the 6th U.S. Circuit Court of Appeals, ruling from Cincinnati, sent the case back to the lower court to re-evaluate the rules in light of the recent changes. The court also overturned the lower court’s determination that a prohibition on the words “independent” and “nonpartisan” in party names was unconstitutional.

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Supreme Spokeswoman: Email Petitions Must Be Ignored

Statement from Administrative Office of the Courts:
As of this morning, the Administrative Office of the Courts has received more than 16,000 email petitions requesting the Supreme Court to stop the retrials of the four defendants charged with the murders of Channon Christian and Christopher Newsom of Knoxville, Tenn.,” said Laura Click, public information officer for the Administrative Office of the Courts.
“We certainly appreciate and understand the public’s interest in these cases, however, the Code of Judicial Conduct prevents the Supreme Court, or any judge, from considering ex parte communications as part of its decision making process. In other words, a judge cannot consider any communications made to the judge without the parties in the case being present.
“The Code of Judicial Conduct also prohibits judges from commenting on any cases that may come before them. Should the state file an appeal from the trial judge’s decision granting the motions for retrials, the appellate courts will consider the appeal based on the facts and information filed with the court as part of the regular appeals process, described in the Tennessee Rules of Appellate Procedure,” Click said.