Common Cause Official Claims that Kanye West Campaign “Siphoned Votes from Biden”, but Evidence Shows Otherwise

The Daily Beast has published an article showing that Republican Party consultants were behind Kanye West’s independent presidential candidacy in 2020. The article quotes Common Cause officer Paul Seamus Ryan as saying, “It’s no secret that Kanye West’s candidacy would have a spoiler effect, siphoning votes from Democrat Joe Biden.”

Actually, the election returns show that voters who voted for Kanye West would probably have voted for Donald Trump if West had not been running. West’s best state was Utah. His best county was Houston County, Tennessee, an overwhelmingly white county.

For more detail on the Kanye West vote, see this blog post from Ballot Access News from December 2020.

Oregon Top-Two Initiative Without Ranked Choice Voting Begins to Circulate

An Oregon initiative for a top-two system is starting to circulate. See the wording of the proposed constitutional amendment here. It does not mention ranked choice voting. It does not even say how many candidates would advance to the general election, but presumably it means top-two. Without ranked choice voting in the general election, if it were implemented to advance the top three, for example, that would result in many general elections with two Democrats and one Republican, or two Republicans and one Democrat. Almost no one would say that is a workable system, because it would be grossly unfair to the major party with two candidates; they would be at a disadvantage against the major party with one candidate.

The initiative seems to include presidential elections, because it covers all statewide races, and presidential elector is a statewide race. If this initiative had been in effect in 2016, it is very likely the only two candidates who would have been on the November ballot for president would have been Donald Trump and Bernie Sanders. In the May 2016 Democratic presidential primary in Oregon, Sanders got 360,829 votes and Hillary Clinton got 269,846. Given that Oregon Democrats preferred Sanders to Clinton by such a large margin, it is probable that a primary ballot used by all voters would have advanced Trump and Sanders. Therefore Hillary Clinton could not have carried Oregon in the general election. In the actual 2016 election, she did carry Oregon.

California Supreme Court Refuses to Hear Lawsuit that Charged Redistricting Commission with Holding Unpublicized Meetings

On December 15, the California Supreme Court refused to hear Moreno v Citizens Redistricting Commission, S272036. The case had been filed directly in the State Supreme Court. It charged that the Citizens Redistricting Commission had been illegally holding unpublicized meetings. The attorney for the case is a Republican National Committeewoman. Thanks to ElectionLawBlog for this news.

Maine Libertarian Party Asks U.S. District Court to Put it on Ballot

On December 15, the Maine Libertarian Party asked U.S. District Court Judge Lance Walker for an order putting the party on the ballot. Judge Walker had struck down two ballot access laws on November 17, and the party had hoped to persuade the Secretary of State to recognize that because the invalid laws had prevented the party from being on the ballot, to voluntarily put the party on the ballot. But, she refused, so now the matter has returned to court. Here is the party’s request in Baines v Bellows, 1:19cv-509.

The request also asks for an injunction, letting independent voters sign primary petitions. The old law said only party members could sign primary petitions, but as applied to small qualified parties, Judge Walker had struck down that law because qualified minor parties simply don’t have enough registered members to make it possible for members of their parties to comply with the law. Maine requires 2,000 signatures of party members for statewide office, and 1,000 for U.S. House.