Arizona Asks for Rehearing En Banc in 9th Circuit in Case over Voter Registration

On November 16, the state of Arizona asked for a rehearing before all the active judges of the 9th circuit in Gonzalez v State of Arizona, 08-17094.  This is the case that challenges a state law that requires newly-registering voters to submit a birth certificate, or a naturalization certificate, with the voter registration application.  On Octrober 26, a 3-judge panel had struck down that law by a vote of 2-1, finding that the federal Motor Voter law precludes states from requiring such additional documents.  The 3-judge panel had included Sandra Day O’Connor.  Some retired U.S. Supreme Court justices do sit on U.S. Court of Appeals panels once in a while.  The vote of the original 3-judge panel had been 2-1, with O’Connor in the majority.

More States Elected Non-Major Party Nominees to Federal and State Office in 2010 Than in Any Previous Year Since 1922

In the November 2010 election, eleven states elected people to federal or state office who were not nominees of either the Democratic Party or the Republican Party.  This is the largest number of such states since 1922, when there were fourteen such states.

The eleven states in 2010 are:  Alabama, Alaska, Georgia, Kentucky, Maine, North Carolina, Rhode Island, South Dakota, Tennessee, Vermont, and Wisconsin.  This assumes that Lisa Murkowski has been elected to the U.S. Senate.

In the 20th and 21st centuries combined, the even-numbered year with the fewest states that elected someone who wasn’t either a Democratic nominee or a Republican nominee to federal or state office was 1954, when South Carolina and Connecticut were the only such states.  The year with the most such states was 1914, when there were 24 such states.

Ten Presidential Candidates Qualify for Belarus Ballot, Despite Severe Ballot Access Law

Belarus holds its presidential election on December 19, 2010.  The term is for 7 years.  Ten candidates qualified for the ballot, despite the harsh ballot access law that requires 100,000 signatures.  See this story.  Belarus has a population of 9,850,000, and is one of the few nations of the world that has imitated the United States by requiring hundreds of thousands of signatures for presidential candidates to appear on the ballot.

The incumbent president, Alexander Lukashenko, is running for re-election.  He has held the presidency since 1994.  Thanks to Bill Van Allen for the link.

Constitution Party Now Entitled to Appoint Members to 17 Colorado State Boards

According to this Associated Press article, the Constitution Party is now entitled to appoint members to 17 Colorado state boards and commissions.  The article quotes the Governor as saying that he will do his best to implement the state law, which says that major parties may make these appointments.  A “major party” under Colorado law is one that polled at least 10% of the last gubernatorial vote.

The Wisconsin Libertarian Party enjoyed somewhat similar success after the 2002 gubernatorial election, when its nominee for Governor, Ed Thompson, polled 10.5% for Governor.  Wisconsin lets all parties that poll at least 10% for Governor appoint a member of the State Election Board.  The Libertarian Party did appoint someone, and no effort was made in the legislature to amend the 10% law.  Thanks to ThirdPartyDaily for the news about Colorado’s boards and commissions.

Colorado Newspaper Summarizes Election Law Gains for Minor Parties, Independents in Colorado This Year

The November 19 Durango (Colorado) Herald has this interesting article, summarizing gains in election law for minor parties and independent candidates in Colorado this year.

The article quotes Dick Wadhams, chair of the Colorado Republican Party, as saying that one of these changes injures political parties.  The truth is just the opposite.  This year, all political parties in Colorado won the right (in state court) to choose any registered voter when they replace a nominee with a new nominee.  The ruling applies to the major parties just as it applies to minor parties.  Yet Wadhams seems to think that greater freedom for political parties to choose whomever they wish is “destructive.”