The North Dakota legislature is about to adjourn. SCR 4005, which would have required constitutonal initiatives to pass with 60% of the vote instead of a majority, failed to pass.
However, the 2021 legislature did pass HB 1078, which says that if a presidential elector fails to vote for the person he or she is expected to vote for, that elector will be replaced on the spot.
On April 21, the U.S. Supreme Court requested a response from Indiana in Tully v Okeson, 20-1244. This is the case in which some voters challenge their inability to vote early. The state lets voters age 65 and over vote early. The 26th amendment says no state shall “deny or abridge” the right to vote on account of age. The voters argue that their right to vote is being abridged, relative to older voters. The lower courts had upheld the law.
The response is due May 21.
Steve Chapman, a member of the Chicago Tribune editorial board, has this Chicago Tribune op-ed, making the case for expanding the membership of the U.S. House.
On April 26, the California State Senate unanimously passed SB 103. IT provides that presidential electors who do not vote for the candidate they are expected to vote for will be replaced immediately after casting their vote in mid-December. It also requires political parties, independent presidential candidates, and write-in presidential candidates to file not only the normal 54 elector candidates, but another 54 alternates.
This will be especially burdensome for declared write-in candidates, because their candidates for presidential elector are each required to file a notarized declaration of write-in candidacy. Already it was quite burdensome for write-in candidates to submit this paperwork. But under the bill, they will now be required to have notarized statements from 108 individuals (54 candidates for elector, and another 54 alternates). Here is the text of the bill.
Oddly, the bill does not require independent presidential candidates to include alternates on their petition. Under the existing law, all the candidates for presidential elector must be printed on the petition, which is quite cumbersome. Their address must also be included. This makes the petition form quite unwieldy, and is not necessary.
On April 28, supporters of the initiative process in Missouri held a demonstration outside the state capitol, to pressure the legislature not to pass bills making it far more difficult to qualify a statewide initiative. See this story. Thanks to Ken Bush for this news.
