Michigan Still Hasn’t Decided Whether to Appeal Ballot Access Graveline Decision

Last month, as already reported, a U.S. District Court struck down Michigan’s requirement that statewide independent candidates need 30,000 signatures. The court said until the legislature acts, the statewide independent petition requirement will be 12,000.

The state’s decision on whether to appeal this decision to the Sixth Circuit is January 21. However, on January 21, the state instead filed a motion asking the judge to clarify her decision. They feel the decision is unclear as to whether the legislature would have the power to set the new petition requirement higher than 12,000.

By asking for a clarification, the state can delay its decision on whether to appeal the case until after the judge responds.

Los Angeles Times Recommends that California Election Officials Mail Presidential Primary Ballots for Three Different Parties

This Los Angeles Times editorial expresses concern that many independent voters who vote by mail won’t understand that they won’t be able to vote for president in the upcoming presidential primary. The editorial says that California ought to follow Colorado’s example. Colorado voters generally vote by mail. Election officials send independent voters a primary ballot for every party that has a primary and which allows independents to vote in their primaries. Of course they are told to only use one ballot.

If California followed this idea, independent voters who vote by mail would receive Democratic, Libertarian, and American Independent presidential primary ballots.

Austin American-Statesman Article on Three Members of the De La Fuente Running for Federal Office

This Austin, Texas newspaper story in the American-Statesman describes Rocky De La Fuente, and his two sons who are all running for various federal offices this year.

There is some analysis of the U.S. Constitution in the article, but the article does not mention the point that the residency requirement for Congress has the words “when elected”. People are elected on election day, so residency in advance of election day is not relevant. See Article I, sec. 2.

Mississippi Initiative to Make Some Local Offices Non-Partisan

Former Mississippi Representative Joseph Warren (D-Mt. Olive) is sponsoring an initiative to make county, justice court judges, and district attorney elections non-partisan. If enacted, the initiative would provide for elections in the general election for those offices, and no party labels would be on the ballot for those offices. If any candidate received a majority, he or she would be elected. Otherwise there would be a run-off after the general election.

Initiative 70, like all Mississippi statewide initiatives at this time, needs 86,183 valid signatures by October 2020.

Interesting Virginia Election Law Bills

The 2020 session of the Virginia legislature has many election law bills. Below are some of them, but this is far from an exhaustive list.

SB 174 would have provided that each U.S. House district elect its own presidential elector. This is the system now used by Maine and Nebraska. That bill was defeated in the Senate Privileges and Elections Committee on January 14, by a vote of 12-3. The other bills mentioned in this post, below, have not yet had any action.

HB 177 is the National Popular Vote Plan bill.

HB 214 would legalize out-of-state petition circulators, to conform the law to the 2013 decision Libertarian Party of Virginia v Judd.

Two bills would provide for partisan labels for local office. Currently many local elections are partisan, but party labels aren’t on the ballot. These bills are HB 216 and SB 131.

HB 218 would delete the authority of a qualified party to nominate any candidates for statewide state office by convention, and require primaries for those offices instead. The three offices affected by this bill are Governor, Lieutenant Governor, and Attorney General.

HB 1103 would let any city or county use ranked choice voting for its own officers.

SB 126 would delete the law that lets incumbents dictate to their party whether the party should use a primary or a convention in their particular election. That law was declared unconstitutional in 2019 in Sixth Congressional District Republican Party v Alcorn.