Ballot Access News

California is one of the states that must ask for U.S. Justice Department approval before it alters its election laws.  On August 16, 2010, California had forwarded a copy of the new “top-two” law that goes into effect in 2011, to the Voting Rights Section of the U.S. Justice Department.

On October 25, the Voting Rights Section replied to California, with questions about how “top-two” will affect ethnic and racial minorities.  The questions are limited to past elections in the four covered counties, Kings, Merced, Monterey and Yuba Counties.  After the state answers the questions, the Voting Rights Section has 60 days to evaluate the answers.  “Top-two” cannot be into effect until this process is completed.  Thanks to Rob Richie for this news.

On October 28, the 6th circuit ruled 2-1 that Tennessee may continue to bar ex-felons from registering to vote if they owe child support or restitution payments.  See the opinion, Johnson v Bredesen, here.  This is another case, similar to the one decided two days ago by the 9th circuit on voter registration, that had been pending for over a year since the oral argument.

The majority consists of Judges Deborah Cook and Thomas Ludington, Bush Jr. appointees.  The dissent is by Karen Moore, a Clinton appointee.  The dissent is considerably longer than the majority opinion, and argues that the law does not pass the rational basis test, and that inability to pay child support is not a crime.

On October 26, the Republican nominee for Connecticut Attorney General, Martha Dean, brought a lawsuit in state court to disqualify her Democratic opponent, George Jepsen.  See this story.

Earlier this year, the Connecticut Supreme Court had ruled that Susan Bysiewicz, the Democratic Secretary of State who wanted to run for Attorney General this year, does not meet the statutory qualifications to be Attorney General.  Although the Supreme Court issued its conclusion in May, it didn’t explain itself until last week.  When the decision came down, it said that no one is qualified to be Attorney General unless the person has litigated cases in court for ten years.  Dean charges that Jepsen does not qualify because he allegedly does not have ten years of experience trying cases.  He is an attorney who has been “of counsel” for many lawsuits.  That means he advises the attorneys who are actually doing the litigating.

The ballots have already been printed, so Dean is asking that the election for Attorney General be postponed.  There is a third nominee on the ballot for Attorney General, Stephen Fournier.  He is the Green Party nominee.