California Initiative for Neighborhood Legislature Enters Circulation

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On December 19, the California Secretary of State announced that the Neighborhood Legislature initiative may begin to collect signatures, to qualify for the 2014 ballot. The proposal would amend the California Constitution. Currently California has 40 State Senators and 80 Assemblymembers. The initiative would provide for 8,000 Assembly districts and 4,000 State Senate districts. Each Assembly district would have approximately 5,000 voters. Each district would elect a state legislator, but then the 100 state legislators within that district would elect one person to send to Sacramento. See www.neighborhoodlegislature.com for more details.

The measure is sponsored by John Cox, who has been active in the Republican Party in the past. He is believed to have the financial resources necessary to get the measure on the ballot.

Florida Supreme Court Rules State Legislators Can be Asked About their Motives in Drawing U.S. House District Boundaries

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On December 13, the Florida Supreme Court issued an opinion in The League of Women Voters of Florida v The Florida House of Representatives, SC13-951. By a vote of 5-2, the Court ruled that legislators, and legislative staff, can be questioned in court about their motives concerning details of the U.S. House redistricting plan passed in 2012.

The Florida Constitution was amended before the last redistricting process. It now says, “In establishing congressional district boundaries, no apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent.” Article III, sec. 20(a).

The League of Women Voters of Florida believes that the congressional districts drawn up by the legislature were drawn to help the Republican Party, but in order to establish that, the League first sought the ability to force legislators to testify. The League has now won that fight. Since the decision came out, it has come to light that much of the evidence, such as e-mails between legislators and their staffs about redistricting, no longer exists. It is possible that this development might result in new districts being drawn up. See this story.

Austin Chronicle Summarizes Texas Minor Party Activity for 2014

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The Austin Chronicle, the free weekly newspaper for Austin, Texas, here summarizes Libertarian and Green Party activity expected in the 2014 election. Texas has the nation’s earliest congressional primary in 2014. Even though the two ballot-qualified minor parties nominate by convention, rather than by primary, state law forces candidates seeking a convention nomination to file an intent to run in December of the year before the election. The minor party conventions are free to nominate someone else other than the person who filed, but the parties are not permitted to nominate anyone for an office for which no party member had filed.

Tenth Circuit Agrees with U.S. District Court that New Mexico Contribution Limits on Political Committees Are Likely Invalid

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On December 18, the Tenth Circuit issued an opinion in Republican Party of New Mexico v King, 12-2015. The opinion agrees with the U.S. District Court, that New Mexico cannot limit individual contributions to most political committees, if those political committees will use the money to make independent expenditures for or against a candidate for state office. Even though the first-named plaintiff is the New Mexico Republican Party, this opinion only concerns contribution limits made to political committees that are not political parties. The plaintiffs that essentially won this case are New Mexicans for Economic Recovery PAC and New Mexico Turn Around.

This decision continues the trend in federal courts to give more protection to PACs than political parties receive. The opinion suggests that parties have fewer rights than other political committees. Thanks to Rick Hasen for the link.