U.S. Supreme Court Upholds Laws Requiring Legislators to Recuse Themselves in Conflict of Interest Situations

On June 13, the U.S. Supreme Court released its opinion in Nevada Commission on Ethics v Carrigan, 10-568. This is the case involving a city councilmember in Sparks, Nevada, who wanted to vote in favor of allowing a casino. He did cast that vote, but the Commission on Ethics then censured him, because if the casino had been approved, the councilmember’s friend and past campaign manager would have personally benefited, since the friend was a paid consultant to the casino project.

The opinion, by Justice Scalia, is only eleven pages. The opinion unanimously holds that the censure did not violate freedom of speech. However, Justice Alito wrote a concurrence disagreeing with parts of the opinion, and Justice Kennedy wrote a concurrence saying this case does not decide the issue of whether censure is constitutional when the legislator’s vote is influenced by friendship.

The chief basis for the Court’s opinion is that recusal rules have existed in Congress ever since the early 1790’s, and therefore the founding fathers could not have believed that recusal laws violate the First Amendment. Scalia differentiates between voting in a legislative body by a member of that body, and ordinary voting by citizens. The opinion says, “Voting by a legislator is different from voting by a citizen. While a voter’s franchise is a personal right, the procedures for voting in legislative assemblies pertain to legislators not as individuals but as political representatives.”

Annual COFOE Meeting Minutes Now Posted to COFOE Web Page

The Coalition for Free & Open Elections holds an annual meeting every spring. The minutes of the March 27, 2011 meeting are now posted at COFOE’s web page, www.cofoe.org.

COFOE was formed in 1985. It works to ease the legal environment for minor parties and independent candidates. Most of the nation’s nationally-organized minor parties, as well as certain other organizations, are members. Each organization member is entitled to a representative on the COFOE Board. In recent years, COFOE uses its income to help pay for lawsuits that improve ballot access laws for independent candidates. One of the most successful COFOE-financed lawsuits was Lee v Keith, in which the 7th circuit struck down Illinois’ ballot access laws for independent candidates for the legislature. Thanks to Kevin Murphy, COFOE’s webmaster, for this news.

Three Minor Parties Enter Candidates in 2011 Mississippi Legislative Races

Mississippi elects all of its state legislators in the odd years before presidential elections. All legislators have 4-year terms. In the 2011 election, the Libertarian, Reform, and Constitution Parties have candidates for the legislature. The Libertarians are: Harold M. Taylor, Sean Holmes, Jan “Jay” Butler, and Donna Knezevich (all are running for State House). The Reform Party candidates are Lajena Williams, Yasming Johnson (each running for State Senate), and Randy Walker (for State House). The Constitution Party candidate is James Overstreet (for State Senate).

The Libertarian Party has never before had any nominees for the Mississippi State House, although it had one for Mississippi State Senate in 1995. The Reform Party has never before had any nominees for the Mississippi legislature. The Constitution Party had eight nominees for the Mississippi legislature in 2007.

Mississippi is also electing its state executive positions this year. The Reform Party is the only minor party that has any statewide nominees. There is also one independent running for Governor. There are twelve independent candidates for the legislature this year.

Socialist Workers Party Attacks President Obama’s Executive Order on Disclosure of Political Contributions for Government Contractors

The June 6 issue of The Militant, weekly newspaper of the Socialist Workers Party, has this editorial criticizing President Obama’s new executive order that requires government contractors to reveal extension information about their political donations and other political activity. For forty years, the Socialist Workers Party has been the most consistent voice on the left in opposition to campaign finance disclosure requirements.