U.S. District Court Strikes Down Michigan’s 30,000-Signature Requirement for Statewide Independent Candidates

Posted on by December 22, 2019
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On Sunday, December 22, U.S. District Court Judge Victoria A. Roberts, a Clinton appointee, struck down Michigan’s 30,000-signature requirement for statewide independent candidates. Graveline v Benson, e.d., 2:18cv-12354. Here is the 47-page opinion.

The decision says that until the Michigan legislature changes the law, statewide independent candidates will need 12,000 valid signatures. The basis for 12,000 is that the Michigan law requires 12,000 signatures for offices for which the population in the relevant district is between 2,000,000 and 4,999,999. It happens that there are no jurisdictions in Michigan with that population range, although in the past Wayne County was in that range, so when that was true independent candidates for partisan county countywide office in Wayne County needed 12,000 signatures.

In Michigan, 30,000 signatures is less than 1% of the last gubernatorial vote. The basis for the decision is that the requirement has been in effect since 1988, and in all those years, only two statewide independent petitions succeeded, both for president (Ross Perot in 1992 and Ralph Nader in 2004).

California November Ballot Will List At Least Two Minor Party Members for Legislature

Posted on by December 22, 2019
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There are two California legislative races in which only two candidates filed for the March 3, 2020 primary, and one of them is a minor party member. Therefore, it is virtually certain that those two races in November will list a minor party member, under the top-two system.

In the State Senate, 35th district, the only two candidates are an American Independent Party member, Anthony Perry, and a Democrat.

In the Assembly, 58th district, the only two candidates are a Green, Margaret Villa, and a Democrat.

There are fifteen legislative races in which only one person filed to be on the ballot. Therefore, anyone who files as a write-in in the primary for one of those seats has a chance to qualify for the general election ballot; all that is necessary is for that candidate to outpoll all other write-in candidates in that same primary. Minor parties thus have a chance in those races, although it is normal for a member of the major party that has no one listed on the ballot to capture the 2nd “write-in” spot, instead of a minor party member.

The State Senate races with only one candidate on the primary ballot are these districts: 3,9,25,31,33,39 (six districts). The Assembly districts are: 5,7,11,17,21,23,45,48,51 (nine districts). To be a write-in candidate in a partisan primary, the candidate needs a petition signed by 40 registered voters, due in mid-February 2020. No filing fee is needed.

Eleventh Circuit Expedites Case on Florida Ex-Felon Registration

Posted on by December 22, 2019
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The Eleventh Circuit will hear oral argument in Jones v DeSantis, 19-14551, on January 29, 2020. This is the case on whether Florida ex-felons who cannot afford to pay back restitution, court costs, and fines may register to vote. The U.S. District Court had said that they may.

On December 19, 2019, the U.S. District Court Judge Mark Hinkle refused to stay his own order, as to registration. But he did stay the portion of his decision that says they may vote.

California Secretary of State Posts Candidate List

Posted on by December 22, 2019
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The California Secretary of State’s web page now lists the candidates in the March 3, 2020 primary.

Here is a link to the presidential primary candidate list. The list is alphabetical and combines candidates from all six parties into a single list.

Here is a link to U.S. House candidates.

Here is a link to State Senate candidates.

Here are the Assembly candidates.

Thanks to Mark Seidenberg for the links. Every U.S. House race has at least two major party members running, so under the top-two system, the November ballot will not include any candidates except Republicans and Democrats.

Massachusetts Held Lottery for Presidential Primary Ballot Order Before Checking Rocky De La Fuente’s Petition

Posted on by December 21, 2019
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The Massachusetts Secretary of State held a lottery to determine the order of candidates on the presidential primary ballot on December 20. Yet election officials still haven’t finished checking the ballot access petition of Rocky De La Fuente, who is expecting to qualify by submitting 2,500 signatures of Republican and independent voters. The petition deadline was December 20. So it appears that anyone who qualified by petition is automatically listed on the bottom of the ballot. De La Fuente appears to be the only candidate who submitted a petition. All others got on the ballot because the Secretary of State felt they were mentioned in news media.