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California Bill to Change Recall Process

Posted on December 26, 2018 by Richard WingerApril 9, 2020

California State Senator Ben Allen has introduced SCA 2. It would amend the State Constitution to change how recall elections are held. Currently, if a recall petition is successful, a recall election is held that simultaneously asks if the office-holder should be recalled, and also allows a new election for that office. If the recall wins, then the winner of the simultaneous special election is seated. The office-holder subject to recall is not listed as a candidate in that simultaneous special election. SCA 2 would provide that the office-holder being recalled would also be listed as a candidate for his or her current job (assuming the office-holder chooses not to resign).

New Hampshire Won’t Set the Date of 2020 Presidential Primary Until Late in 2019

Posted on December 25, 2018 by Richard WingerDecember 25, 2018

According to this Politico story, New Hampshire may not set the date of its 2020 presidential primary until late in 2019. The story notes that the state is capable of waiting as late as December 2019.

Congressman Poliquin Will Dismiss Ranked Choice Voting Lawsuit

Posted on December 25, 2018 by Richard WingerDecember 25, 2018

On December 24, outgoing Maine Congressman Bruce Poliquin said he will dismiss his lawsuit against Ranked Choice Voting. Although the First Circuit had denied injunctive relief on December 21, the case was still alive at that point.

U.S. District Court Dismisses Lawsuit Over Size of California Legislative Districts

Posted on December 25, 2018 by Richard WingerDecember 25, 2018

On November 29, 2018, U.S. District Court Judge Kimberly Mueller dismissed the lawsuit Citizens for Fair Representation v Padilla, e.d., 2:17cv-973. The eleven-page opinion says none of the plaintiffs has standing, because the problem complained of is common to virtually all Californians. The opinion also says the case concerns a political question that is outside the jurisdiction of courts. The plaintiffs had argued that ordinary Californians, and especially those who are members of ethnic minorities, have no real representation in the legislature, because the population of each legislative district is so vast. There are almost 1,000,000 residents of each State Senate district, and almost 500,000 in each Assembly districts. The plaintiffs have not appealed.

First Circuit Won’t Block Maine Election Returns Certification

Posted on December 24, 2018 by Richard WingerDecember 24, 2018

On Friday, December 21, the First Circuit denied a request by outgoing Maine Congressman Bruce Poliquin to block the Secretary of State from certifying the election returns in the U.S. House, 2nd district, race. Baber v Dunlap, 18-2250.

This does not mean that the case is over, but the judges said the case does not have a strong likelihood of success. The case challenges the use of ranked choice voting in federal elections. The three judges were Juan Torruella (a Reagan appointee), and two Obama appointees, O. Rogeriee Thompson and David J. Barron.