Washington state representative Sam Hunt has introduced HB 1002, to require all counties in Washington state to use only mail ballots. Currently, all counties in the state except Pierce County vote entirely by mail. The bill would force Pierce County to give up its polling places. See this story. Currently, Oregon is the only state which uses only mail ballots.
On December 29, the U.S. Supreme Court again gave Illinois an extension of time in which to respond in Burris v Judge, 10-367. Illinois’ response was originally due on November 3, but the state had asked for an extension until January 7, 2011. That was granted, and now the state has been given another extension, to January 21.
Roland v Burris is the interesting case in which the lower courts said that the state should list on the November 2, 2010 ballot, for the special U.S. Senate election, only the names of candidates who had also qualified to be on the ballot for the U.S. Senate, regular term. U.S. Senator Roland Burris didn’t want to run in the election for the next 6-year term. But he did want to run in the special election for the two-month term. Yet, he was not permitted to do so.
The Maryland Green Party has 14,613 signatures on its petition to be on the ballot in 2012 and 2014. The Maryland Libertarian Party has 10,200 signatures on its petition. The requirement is 10,000. Both parties have rushed to finish these petitions, because if they submit at least 10,000 raw signatures by January 4, 2011, the state will let the voters who are registered in those parties continue to be registered that way. Otherwise, those voters will all be converted to independents, unless they choose another qualified party.
It is likely the Green Party already has enough signatures. The Libertarian Party will have three weeks after January 4, 2011, to make sure they have 10,000 valid signatures. The Constitution Party has also started its Maryland petition drive.
Congress adjourned on December 22 without having passed HR512, the bill to prohibit the chief Election Officer of any state from taking an active part in the campaign of any candidates for federal office. The House had passed the bill easily on September 28, by a vote of 296-129. But the Senate merely referred the bill to the Rules and Administration Committee, where it made no further headway.
On December 28, the same three judges who ruled against the Libertarian Party of Massachusetts on November 16, refused to reconsider their ruling, in Barr v Galvin, 09-2426. This is the case over whether an unqualified party can use a stand-in presidential candidate on its petition, and then have the stand-in later withdraw and be replaced by the actual presidential nominee.
This article in California’s Capitol Weekly newspaper explains that several California legislators are very likely to be defeated in 2012 (if they try to run for re-election), because of the new Citizens Redistricting Commission process for drawing boundaries for the next decade’s legislative districts.
The article does not mention another factor that will injure incumbents. Ever since 1879, the California Constitution has required candidates for the legislature to have lived in the district for at least one year before running. However, this provision has not been enforced since the 1970’s, when California officials decided to ignore it because they believe the U.S. Constitution doesn’t permit duration of residency requirements for candidates. But a lawsuit now pending in the State Court of Appeals, Fuller v Bowen, C065237, could force the state to start enforcing it. Duration of residency requirements are especially tough for incumbents in times of redistricting. The article notes that many legislators may be forced to move, a process that is far more difficult when there is a duration of residency requirement. The lawsuit lost in Superior Court, because the Superior Court also ruled that the U.S. Constitution bans duration of residency requirements. But this is a very dubious idea. The U.S. Supreme Court summarily affirmed New Hampshire’s 7-year duration of residency requirement in 1975, for candidates for State Senate, in a case called Sununu v Stark. Also the U.S. Supreme Court ruled in 1982 in Clements in Fashing that there is no constitutional right to be a candidate.