Alaska Supreme Court Says Initiative for a Top-Four System and Campaign Finance Disclosure Does Not Violate the Single-Subject Rule, and Therefore Can be on November 2020 Ballot

Posted on by June 12, 2020
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On June 12, the Alaska Supreme Court unanimously said that a proposed 2020 initiative does not violate the state constitutional requirement that initiatives contain only a single subject. The initiative sets up a top-four primary. Parties would no longer have nominees. Instead, candidates would file as individuals for the August primary (for all partisan office except president). The primary would not use ranked choice voting, and the top four candidates would then be on the November ballot. The initiative also says that in the November election, ranked-choice voting would be used. Finally, it mandates new disclosure requirements to existing campaign finance law.

The state elections office had determined that the three elements of the initiative are not a “single subject”, but the Court said they are all on the subject of “election reform.”

Here is the 49-page Opinion, which is lengthy because it extensively reviews all the other Alaska precedents concerning the “single-subject” rule.

If the initiative passes, it will be more difficult for parties to remain ballot-qualified. Because parties will no longer have nominees, parties will no longer be able to remain on the ballot by polling 3% for Governor, U.S. Senator, or U.S. House. Instead the only way they will be able to remain on the ballot is by having a large number of registered voters (3% of the last vote cast). Currently the only parties on the ballot are Republican, Democratic, and Alaskan Independence. Thanks to Steve Kamp for the news.

D.C. Circuit Upholds Commission on Presidential Debates

Posted on by June 12, 2020
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On June 12, the U.S. Court of Appeals, D.C. Circuit, issued a 13-page opinion in Level the Playing Field v Federal Election Commission, 19-5117. The decision says the Commission’s policy of limiting the general election debates to candidates who are at 15% at the polls in September does not violate any federal campaign laws.

The ruling says, “American politics has, for most of American history, been organized around two parties.”

The ruling says the 15% poll standard can sometimes be met by independent or third party presidential candidates. In support of that assertion, it nentions George Wallace, John Anderson, and Ross Perot. But John Anderson and Ross Perot were never at 15% in the polls in September, and the only polls that count for debate inclusion are in September of presidential years. Perot did very well in the polls in June 1992, but then in mid-July 1992, he dropped out of the race. He re-entered the race on October 1, 1992, but his best poll showing that month was 7%. Similarly, John Anderson was never as high as 15% in September 1980. It is true, however, that George Wallace was above 15% in September 1968. But that was over a half-century ago.

The decision is by Judge A. Raymond Randolph, a Bush Sr. appointee. It is also signed by Judge Cornelia Pillard, an Obama appointee; and Gregory Katsas, a Trump appointee. Thanks to Darryl Perry for the news.

West Virginia Legislator Will Run for Governor as an Independent

Posted on by June 12, 2020
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On June 12, West Virginia Delegate Marshall Wilson said he will run for Governor as an independent. He represents Berkeley County in the state’s eastern panhandle. He was elected as a Republican in 2016 and 2018, but in 2019 he switched to being an independent. See this story.

No independent candidate has been on the ballot for Governor of West Virginia since 1920, when Samuel Montgomery polled 15.9% of the vote.