Electronic Signatures on Petitions Case Argued in California State Court of Appeals

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On May 10, the California Court of Appeals heard 30 minutes of argument in Ni v Slocum, A128721. This is the case over whether electronic signatures can ever be considered valid on California initiative and referendum petitions. This story was written before the hearing and explains more about the case. At the hearing, the three judges seemed to show a reluctance to grapple with the technical issues, and seemed to believe that the matter is too complicated for the judicial branch, and that it is best left to the legislative branch.

New Jersey Federal Judge May Rely on Jury to Help Decide if Carl Lewis Should be on Ballot

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According to this story, the U.S. District Court Judge who has the case over whether Carl Lewis should be on the Democratic primary ballot of June 7, 2011 (for State Senate, 8th district) may rely on a federal jury to decide the issue. This makes it appear that the court is still pondering whether or not Lewis meets the 4-year in-state residency requirement, as opposed to deciding whether the 4-year residency requirement violates the U.S. Constitution. This is peculiar, because the state courts have already decided that Lewis has not been a resident of New Jersey during the last four years.

UPDATE: see this story about the court hearing.

California Democratic Legislators Advance Bills Injuring Ballot Access for New Parties, Initiatives

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On April 24, the California Senate passed SB 205, which makes it illegal to pay voter registration workers on a per-registration card basis. All the newly-qualifying parties in California since 1970 have qualified for the ballot by persuading voters (equal to 1% of the last gubernatorial vote) to register into the party. All of these efforts have involved paying workers a certain amount of money for each voter registration for that party. If this bill is signed into law, that method for getting on the ballot will be illegal. SB 205 passed on a party-line vote, with all Democrats voting “yes” and all Republicans voting “no.”

On May 9, the California Senate passed SB 168, which makes it illegal to pay circulators on a per-signature basis, if they are working on initiative, referendum, or recall petitions. On the same day, the Senate passed SB 448, which forces circulators of those kind of petitions to wear a button that tells whether they are paid or volunteer. These bills also passed on party line votes, with all Democrats voting “yes” and all Republicans voting “no.”

Many States are Abandoning February Presidential Primaries

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In 2008, twenty states and the District of Columbia held presidential primaries in February. However, nine of those jurisdictions have moved their 2012 presidential primaries from February to a later month. The latest such state is Tennessee. On May 9, the Governor signed HB 612, moving the Tennessee presidential primary to March. Other places that held February presidential primaries in 2008 but which won’t in 2012 are Illinois, Massachusetts, Oklahoma, Virginia (which moved to March); Maryland, and the District of Columbia (both of which moved to April); Arkansas (which moved to May); and Utah (which moved to June).

Bills eliminating February presidential primaries are pending in several other states, and are expected to pass.

Washington, which had a February presidential primary in 2008, is not expected to hold a presidential primary at all in 2012. Legislation to cancel it is sitting on the Governor’s desk. Thanks to Frontloading HQ for the news about Tennessee.

Carl Lewis Has Hearing in U.S. District Court on May 10

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A New Jersey U.S. District Court will hold a status conference in Lewis v Guadagno, 11-cv-2381, on Tuesday, May 10, at 10 a.m, in Camden. This is the case on whether the New Jersey Constitution violates the U.S. Constitution by requiring candidates for the State Senate to have lived in New Jersey for at least four years. Carl Lewis, a famous Olympic track star, is trying to get his name on the Democratic primary ballot for State Senate. The primary is June 7, 2011. New Jersey elects all its state officers in odd years. See this story.

UPDATE: see this story, which reveals that the Republican Governor of New Jersey is hoping that Lewis is kept off the ballot.