Election Law Bills in Congress Keep Gaining Co-Sponsors

June 30th, 2009

Almost all of the interesting election law bills in the U.S. House have continued to add co-sponsors during June. In order of how many co-sponsors each bill has, here is a list:
1. Popular vote on Puerto Rico status: 151 (HR 2499)
2. Paper Trail for Vote-Counting Machines: 80 (HR 2894)
3. Public Funding for Congressional Candidates: 56 (HR 1826)
4. Express mail to be used for mailing overseas absentee ballots: 38 (HR2393)
5. Anti-Gerrymandering: 12 (HR 3025)
6. Requiring Presidential Candidates to Submit a Birth Certificate: 6 (HR 1503).

The only interesting bill that has no co-sponsors is HR 665, to provide that D.C. voters should be treated as Maryland voters, for purposes of congressional elections. Representative Dana Rohrbacher (R-California) introduced it in February.



No Progress on New York State Senate

June 30th, 2009

The New York Times of June 30 reports that the New York State Senate is no closer to establishing a compromise, than it was two weeks ago. With no settlement of who the Senate’s officers are, no business is being conducted.

Libertarian Party Files 5th Circuit Brief in Louisiana Ballot Access Case

June 30th, 2009

On June 30, the Libertarian Party filed its brief in the 5th circuit in the presidential ballot access case that originated in 2008. The brief is 47 pages. The issue was whether the Secretary of State should have accepted the paperwork for the party’s presidential electors on September 10. The U.S. District Court had ordered the Secretary to place Bob Barr on the ballot, but the 5th circuit had then removed him.

The importance of the case, now that the election is over, is to determine whether courts in the future will recognize the principle that only state legislators have authority to alter election laws relating to presidential elections. During 2008, the normal September 2 filing deadline was changed because of hurricanes (if the deadline had not been changed, the Republican ticket would have been off the ballot). The Governor changed it to September 12, but the Secretary of State changed it to September 8.

Green Party Press Release On Israeli Seizure of Cynthia McKinney

June 30th, 2009

On June 30, the Green Party put out this press release, calling on the United States government to request that Cynthia McKinney and twenty other individuals be released from Israeli custody.

California Legislature Considers the Indirect Initiative

June 30th, 2009

Three bills in the California legislature propose the Indirect Initiative. The Indirect Initiative combines the initiative with state legislative action.

The bill most favorable to the initiative process is SCA 16, by Senator Mark DeSaulnier (D-Concord). Currently, initiatives to change a state law require signatures equal to 5% of the last gubernatorial vote, and then they go on the ballot. SCA 16 would provide that if proponents of a statutory change submit petitions with 3% of the last gubernatorial vote, at that point their proposal would go to the legislature. The legislature might then enact the proposal, although the legislature would be free to alter it, and then the initiative proponents could decide whether they are satisfied with the legislature’s changes. If the initiative backers didn’t like the changes, they would be free to get more signatures (2% of the last gubernatorial vote).

SCA 16 has a hearing in the Senate Elections Committee on July 7.

ACA 13, by Assemblymember Ed Hernandez (D-Baldwin Park) is the least favorable to the initiative process. Proponents of an initiative would be required to collect 5% of the last gubernatorial vote, as under current law. Then the legislature would look at the proposal and possibly change it. If the legislature rejected the idea, or changed it in ways unacceptable to the proponents, the proponents would then need to go back on the street and collect signatures equal to another 5% of the last gubernatorial vote. ACA 13 passed the Assembly Elections Committee on June 26 and is now in the Assembly Appropriations Committee.

Assemblymember Hernandez’ hostility to the initiative process is revealed in another of his bills, ACA 14. It would provide that only five initiatives would go on any ballot. The first five to qualify would be accepted; all others would be rejected, and all of the proponents’ signatures would go to waste. If they wanted it on a future ballot, they would need to start all over again getting signatures. ACA 14 has not made any headway.

SCA 10, by Senator Denise Ducheny (D-San Diego), is somewhat in the middle of the other two bills. It retains the existing number of signatures for initiatives, and when the proponents gather those signatures, the legislature would look at the measure and possibly change it and pass it. If the legislature did not pass it, or if the legislative changes are not acceptable to the sponsors, no more signatures would be required. However, the legislature’s criticisms of the measure would be printed in the Voters Handbook. SCA 10 passed the Senate Elections Committee on June 16 and is now in the Senate Approproations Committee.

Minnesota Supreme Court Rules in Favor of Franken

June 30th, 2009

On June 30, the Minnesota Supreme Court ruled unanimously that Al Franken, the Democratic nominee for U.S. Senate last November, won that election. Here is the 32 page decision. UPDATE: at 3 p.m. central daylight time, Norm Coleman said he would not appeal this decision, nor file a federal lawsuit. Thanks to ElectionLawBlog for the link.

Connecticut Democrat Tries to Defund Public Funding, but Fails

June 30th, 2009

On June 26, the Connecticut House defeated an amendment to the budget bill, SB 1801, that would have defunded public financing for candidates for state office. The amendment was offered by Corky Mazurek, a Democrat from Wolcott. His amendment was defeated 37-98. All Republicans but one voted for it, but all Democrats except three voted against it.

The regular session of the Connecticut legislature ended several weeks ago, but the legislature is sitting in special session for the budget bills.

California Court Upholds Right of County Democratic Party to Expel a Member of County Central Committee

June 30th, 2009

On June 3, a California State Court of Appeals affirmed a lower court ruling, that said the San Luis Obispo County Democratic Party had a right to expel a member of its county central committee. On June 29, the State Court of Appeals denied a rehearing. The case is Wilson v San Luis Obispo County Democratic Central Committee. See the 19-page decision here. Thanks to ElectionLawBlog for this news.

Iowa, Wisconsin Green Parties Sue Iowa City Over Access to Petitioning

June 30th, 2009

On June 26, the Green Parties of Iowa and Wisconsin jointly filed a federal lawsuit against the city of Davenport, Iowa. The issue is the city’s policy of banning petitioning at its annual street fair, the Bix Street Fest. The ACLU is representing the parties. The case is Bussiere v Davenport, southern district, 3:09-cv-101.

The incident that prompted the lawsuit arose last year, when Green Party volunteers were collecting signatures in Davenport to get Cynthia McKinney on the ballot. The city believes that the organization that sponsors the street festival has a right to curtail First Amendment activity on public streets during that festival. The city lost a similar case in 1999 over the same issue.

FEC Files Brief In Unity08 Case

June 29th, 2009

On June 29, the Federal Election Commission filed this brief in the U.S. Court of Appeals, D.C. Circuit. The issue is whether the federal government can prohibit donations of more than $5,000 apiece from individuals to a new political party that says it intends to qualify for the ballot and then nominate a presidential candidate.

The FEC attorney who wrote this brief doesn’t appear to understand that in most states, a group can qualify itself as a new political party before it has chosen any candidates. The brief says on page 7 and 8 that Unity08 planned to place “placeholders” on the ballot, before it chose its actual presidential candidate. But in 38 states, a group doesn’t need “placeholder” candidates; it doesn’t need any candidates; it simply qualifies itself as a party.

The FEC brief can’t seem to make up its mind as to whether it considers Unity08 a political party. Pages 13 and 41 discuss the nominees of Unity08. Any group with “nominees” is a political party, by definition. Yet pages 50-54 argue that Unity08 is not a political party.

The brief on page 16 says Unity08 “engaged in no electoral activity leading up to the 2008 general election”, yet in truth Unity08 qualified itself as a ballot-qualified party in both Florida and Mississippi. The brief says that Unity08 would not have had any candidates for office other than president and vice-president, but that statement isn’t necessarily true. In nine states in which Unity08 expected to qualify itself as a political party, it would have been entitled to a government-provided primary for all partisan office, and anyone who registered in the party would have been free to run in its primaries for Congress or state office. These nine states were, or would have been, Arizona, California, Florida, Hawaii, Mississippi, Montana, North Dakota, Oklahoma, and South Dakota.

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Welcome to the OFFICIAL online home of Ballot Access News, a non-partisan newsletter reporting on the trials and tribulations of folks trying to put candidates on the ballot in the United States of America. There are many surprisingly restrictive ballot access laws in this country, which the average voter has no knowledge or conception of; part of our purpose here (besides reporting on progress made) is to report on these restrictive ballot access laws so that more people are aware of them. I hope you find these materials interesting and exciting; if you do, you can support the newsletter by subscribing!

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    Project Vote-Smart

    Project Vote Smart is a citizens' organization dedicated to serving all Americans with accurate and unbiased information for electoral decision-making. It was inaugerated in 1992 by former US Presidents Jimmy Carter, Gerald Ford, and other leaders. Its webpage offers information about all ballot-listed candidates for all federal and state office.
    [Added:040729]

    The ACE Project
    An interesting site concerning itself with the "Administration and Cost of Elections", including issues of fairness and regulatory approaches in various countries. They seem to be almost blind to the ways that third parties in the USA are harmed by campaign finance rules crafted for the problems characteristic of the larger parties, or the ways that third parties would be disenfranchised by various proposed rules, but this is nevertheless a useful resource, particularly for the international comparisons it makes.
    [Added:001206]

    "Unofficial" B.A.N. Page

    At first, it looks like there's not much here. But then you follow the "Charts" link, and click on one of the listed candidates, and you'll get some truly wonderful nationwide maps of voting patterns.
    [Checked:991014]

    ThirdPartyNews.net

    A site that covers news about minor parties.
    [Checked:060414]

    Third Party Central

    Collects lots of good information and links relating to various third parties into one convenient location. Nice set of writings on why one should vote third-party.
    [Checked:991014]

    Atlas of U.S. Presidential Elections

    A surprisingly complete listing of votes cast in Presidential elections, including numerous third-party candidates and nice maps of vote distribution by state and (on the individual state pages) by county.
    [New-URL:010309]

    D.C.'s Political Report

    Very good presentation of candidate and party information, including virtually every known third-party group in the USA. Election results, candidate information, etc.
    [Updated:991214]

    Initiative For Texas

    A group trying to establish the right to Initiative and Referendum in Texas. Their work has intriguing parallels and overlaps with ballot access work. Every page at the site seems to have some music on it, which can get annoying after awhile, but otherwise it's an interesting site.
    [Checked:991014]

    Center for Voting and Democracy

    Folks concerned with alternative voting systems, and related issues, from a moderately leftist perspective. Useful articles describing how better systems of voting and electing actually work.
    [Added:000823]

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