Thirteen of the Fourteen Republicans Who Voted Against a Juneteenth Holiday Are From States in which Independents Can Vote in Primaries

Posted on by June 18, 2021
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On June 16, the U.S. House passed SB 475, which makes Juneteenth a federal holiday. Only fourteen members voted “no”. Of those fourteen, thirteen are from states in which independents are allowed to vote in partisan primaries. This blog post is not taking any position on the merits of the new holiday. But it is worth noting that the groups who do not believe in the right of political parties to make their own decisions about whom to nominate constantly reiterate that when independents can vote in primaries, more “moderate” politicians are elected. The evidence constantly rebuts that idea, but many people cling to it.

“No” votes were cast by nine members of congress from open primary states, two from a state with semi-closed primaries, two from a state with a top-two system, and only one from a closed primary state.

The members from open primary states are: two from Alabama (Mo Brooks and Mike Rogers), two from Texas (Chip Roy and Ronny Jackson), one from Georgia (Andrew Clyde), one from Montana (Matt Rosendale), one from South Carolina (Ralph Norman), one from Tennessee (Scott DesJarlais), and one from Wisconsin (Tom Tiffany).

The members from a top-two state are these two Californians: Doug LaMalfa and Tom McClintock.

The members from a semi-closed primary state are these two from Arizona: Paul Gosar and Andy Biggs.

The member from a closed primary state is Kentucky member Thomas Massie.

Maine Supreme Court Rules Portland City Council Must Explain Why it Blocked a City Initiative for Public Funding

Posted on by June 18, 2021
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On June 17, the Maine Supreme Court unanimously ruled that the Portland, Maine city council cannot reject a city initiative that had enough valid signatures, just because it thinks the initiative subject matter is unsuitable. Fair Elections Portland v City of Portland, 2021 ME 32.

Here is the decision. The decision does not guarantee that the initiative will be on a future city ballot, but it says that the city must explain why it believes the initiative is improper. The initiative would implement a system of public funding of candidates for city office.

Most Likely California Gubernatorial Recall Election Date is September 14

Posted on by June 17, 2021
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The most likely date for the California gubernatorial recall election is September 14. County election officials have warned the state that it would be very costly and difficult to hold it any sooner.

If September 14 is the date, then the deadline for candidates to file for Governor will be July 17, a Saturday. The Secretary of State recently ruled that gubernatorial candidates will be required to submit copies of their income tax returns for the last five years. Although the part of the income tax law for candidates was held unconstitutional in both federal and state court for presidential primary candidates, that law covers gubernatorial candidates also and the court decisions did not pertain to gubernatorial candidates.

Eighth Circuit Hears Minnesota Libertarian Ballot Access Case

Posted on by June 17, 2021
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On June 16, the Eighth Circuit heard Libertarian Party of Minnesota v Simon, 20-2244. The issue is the mandatory language on non-presidential independent petitions, that says the signer “does not intend” to vote in the upcoming primary for the office that the petition relates to. The U.S. District Court had upheld the law, ruling that just because a signer does not intend to vote in the upcoming primary on the day that the petition is signed, the voter is free to change his or her mind in the future.

Both the judges, and the attorney for the Libertarian Party, seemed to believe that the U.S. Supreme Court had ruled in American Party of Texas v White that it is constitutional for a state to let petitions circulate before the primary but to bar the signer from voting in the primary. Actually, that is not what the Texas law did, then or now. In Texas the primary is held first, and only after the primary is over does the petition circulate. So anyone who did not vote in the Texas primary is free to sign a minor party or independent candidate petition.

Here is a link to the 34-minute oral argument. The judges are Raymond Gruender, Morris Arnold, and David Stras. Judge Stras seemed to feel that the language on the Minnesota petition is very difficult to understand.