Lawsuit On Whether American Samoa Residents are Entitled to Citizenship Now Pending in U.S. Court of Appeals, D.C. Circuit

Briefs are being filed in the U.S. Court of Appeals, D.C. Circuit, in Tuaua v United States, 13-5272. The government’s brief was filed on October 25 and the brief of the Samoans is due November 22. The issue is whether the U.S. Constitution provides for citizenship to people born in American Samoa. American Samoa is the only populated jurisdiction in the United States in which persons born there are not automatically citizens.

One of the plaintiffs now lives in Hawaii and another now lives in Washington state, but they are not able to register to vote in those states, because they are considered U.S. “nationals”, not citizens. Persons born in American Samoa can not be naturalized unless they leave Samoa. The U.S. District Court, in accordance with precedents going back to 1901, ruled that unorganized territories are not part of the United States, so the language in the 14th amendment conferring citizenship to persons born in the United States does not apply to Samoans. Congress has provided that persons born in Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, and Guam, are citizens, but Congress has never granted citizenship to Samoans.

See here for more information about the plaintiffs. American Samoa, since 1978, has elected a Delegate to the U.S. House of Representatives.

New Los Angeles County Registration Data

Between October 13 and November 20, minor party registration has increased in Los Angeles County, but the number of registered voters in each of the two major parties has declined. There is no state tally for California as a whole, but Los Angeles County keeps a running tally on its web page, and since Los Angeles County includes 26% of the California registration, the Los Angeles County tally gives a clue to the state figures.

The November 20 totals from Los Angeles County are: Democratic 2,461,885; Republican 1,029,639; American Independent 109,192; Peace & Freedom 34,376; Libertarian 26,283; Green 24,596; Americans Elect 2,468; declines to state 849,576; blank and miscellaneous 312,950.

The October 13 totals are: Democratic 2,463,594; Republican 1,032,655; American Independent 109,018; Peace & Freedom 33,169; Libertarian 26,166; Green 24,587; Americans Elect 2,478; declines to state 853,384; blank and miscellaneous 306,594.

Americans Elect is the only ballot-qualified party, besides the two major parties, that lost registrations during the period October 13-November 20. It will be removed from the ballot in January 2014 if its registration does not increase to one-fifteenth of 1% of the state total, which probably means it needs 12,000 and it probably only has 5,000. Here is a link to the Los Angeles County web page with the registration data, which changes daily.

Fifth Circuit Won’t Rehear Earlier Decision on Texas Restrictions on Registration Drive Workers

On November 18, the Fifth Circuit refused to reconsider its earlier decision in Voting for America v Steen, 12-40914. The issues are Texas laws which severely inhibit the activity of workers who register voters. Texas prohibits out-of-state residents from asking Texas residents if they wish to register to vote and from collecting applications from people who choose to register. Texas even prohibits residents of one county from working in another county. Texas also bans paying people to work on voter registration drives. Texas also prohibits registration drive workers from photocopying completed voter registration forms.

The original decision
, refusing to enjoin any of these requirements, was handed down on October 3, 2013. Plaintiffs may seek U.S. Supreme Court review. Here is the request for a rehearing, which explains the issues in this case. The U.S. District Court had enjoined many of the restrictions but the Fifth Circuit had reversed.

Special Legislative Elections Held November 19

California, Iowa, and Wisconsin held special legislative elections on November 19. In all three districts, Republicans did better than they had last time those seats were up.

In Wisconsin, the vote in the 69th Assembly district (in central Wisconsin) was: Republican Bob Kulp 67.3%; Democratic Ken Slezak 24.0%; independent Tim Swiggum 8.70%. When this district had been up in November 2012, the vote had been: Republican 61.2%; Democratic 38.8%. In the November 19, 2013 election, the independent candidate’s ballot label was “Putting People Ahead of Politics.”

In California, the vote in the 45th Assembly district (in Los Angeles and Ventura Counties) was: Democrat Matt Dababneh 13,309; Republican Susan Shelley 13,136. Some provisional and absentee ballots haven’t been counted yet, so this district is deemed too close to call. In November 2012, the vote had been: Democrat Bob Blumenfield 63.4%; Republican Chris Kolski 36.6%.

In Iowa, the vote in the 13th State Senate district was: Republican Julian Garret 59.80%; Democrat Mark Davitt 40.20%. In November 2010, the last time this seat had been up, the vote had been: Republican 50.18%; Democratic 49.82%.

On Thursday, November 21, Tennessee holds a special election for State House, district 91, in Memphis. The only two candidates are Democrat Raumesh Akbari and Libertarian Jim Tomasik.

Albuquerque Mayoral Candidate Asks Tenth Circuit to Overturn Decision that Struck Down Ban on Corporate Contributions in City Elections

As noted earlier, on September 4, 2013, U.S. District Court Judge M. Christina Armijo struck down Albuquerque’s ban on corporation campaign contributions in city elections. The case was Giant Cab Company v Bailey, 13-cv-426. The outcome was surprising, because the U.S. Supreme Court has consistently upheld laws that ban corporation campaign contributions. Citizens United v FEC did not involve campaign contributions; instead it involved independent expenditures by corporations. But Judge Armijo said the city didn’t explain why the ban was needed, and therefore she invalidated it.

For a while it was thought that the decision could not be appealed, because the Mayor and a majority of the city council approved of the decision. However, Pete Dinelli has intervened in the case and has appealed the decision to the Tenth Circuit. Dinelli, a Democrat, placed second in each of the last two Mayoral races. In the Tenth Circuit, the case is 13-2176.

Socialist Alternative Candidate for Minneapolis City Council Almost Elected

One of the noteworthy election returns from November 5, 2013, was that Ty Moore, Socialist Alternative candidate for Minneapolis city council, came close to being elected. Minneapolis uses Instant-Runoff Voting. Six candidates appeared on the ballot in the 9th ward. Moore received 1,569 first place votes, and initially came in second behind Alondra Cano, who received 1,698 first place votes. None of the other candidates received more than 338 first place votes.

When additional rounds were included, Moore gained 189 votes, but Cano gained 289, enough to give her a majority. Here are the full election returns. Moore had been endorsed by the Service Employees International Union (SEIU).