Political Scientist Who Studies Polarization in State Legislatures Doubts that California's Prop. 14 Will Curtail Partisanship

Seth Masket is an Assistant Professor of Political Science at the University of Denver. He has studied partisanship and polarization in state legislatures, and he understands the harm that extreme partisanship can do. He is the author of a 2009 book, “No Middle Ground: How Informal Party Organizations Control Nominations and Polarize Legislatures.” See this description of the book.

However, he doubts that California’s Proposition 14 will cure polarization in the California legislature. His blog, http://enikrising.blogspot.com, discusses the issue. Here is a link to his blog post about polarization.

Briefs Filed in U.S. Supreme Court on the Side of Making Petition Signatures Public

On March 25, briefs were filed in the U.S. Supreme Court in Doe v Reed on the side of making petition signers’ names and addresses available to the public. The state’s brief is here. The brief of the Washington Coalition for Open Government is here. The brief of Washington Families Standing Together is here.

The brief of Washington Families Standing Together emphasizes that the names and addresses should be released to the public in order to prevent fraudulent signatures from slipping through. However, the people who filed this lawsuit have never suggested that people who want to double-check the work of elections officials should not be allowed to see the petitions. The people who filed Doe v Reed are merely trying to stop the names and addresses of all the signers from being posted to an internet site.

Washington Families Standing Together also denies that harassment of petition signers has been a problem. The group seems to have no awareness that people who have signed petitions in the past for controversial parties and candidates have been subject to being fired from their jobs. This was particularly true for people who signed petitions for the Communist Party in 1940, and for Henry Wallace in 1948.

Washington Families Standing Together’s brief also repeats the idea that signatures are obtained in public. This point ignores the other side’s briefs, which have already established that there are many methods to collect signatures, other than in public places.

The brief for the Washington Coalition for Open Government denies that the U.S. Constitution protects the secret ballot, although it admits that the Washington Constitution explicitly protects the secret ballot.

Amici briefs on the side of the Washington state government are due next week. The hearing is April 28, 2010.

Vermont Legislature Passes Primary Date Bill, Makes Independent Petition Deadlines Worse

On March 25, the Vermont legislature passed S.117, which moves the primary from September to August. Unfortunately, the bill also moves the deadline for independent candidate petitions to the second Thursday after the first Monday in June. Even presidential independent petitions would be due on that date in mid-June. The bill takes effect immediately. This year the deadline is June 17.

Courts in four states have ruled that June is too early for independent presidential petitions. The cases are from Arizona, South Dakota, Kansas, and Nevada. The Secretary of State’s office acknowledges there is a legal problem with a June petition deadline for independent presidential candidates, but says that can be fixed in 2011.

Nevada Ballot Access Case Re-Set for April 14

A Nevada District Court in Carson City has set a new hearing date in Fasano v Ashjian and Miller, the case over whether the Tea Party’s candidate for U.S. Senate should be removed from the ballot because he changed his registration from “Republican” to “Tea Party” one day too late. Neither the candidate, Scott Ashjian, nor his attorney, appeared in court on March 26. The new hearing date is April 14. See this story.

Tucson City Council Votes to Appeal Lawsuit on Whether the City May Retain Partisan Elections

On March 25, the Tucson city council voted 5-2 to appeal the case known as City of Tucson v State of Arizona. The issue is whether the state government has the authority to tell Tucson not to use partisan elections for its own city elections. The lower court had ruled in favor of the state, on March 4, 2010. Thanks to Nancy Hanks for this news.