California Legislature Passes Bill Outlawing Paying Circulators Per-Signature

On August 23, the California Senate passed AB 1947, which outlaws paying circulators on a per-signature basis. The ban only applies to initiatives, referenda, and recall petitions; it does not apply to petitions for candidates or new parties. The bill now goes to Governor Jerry Brown, who has vetoed similar bills in the past.

New Attention to California’s Ban on Write-ins for Congress and State Office in the General Election

One of the worst aspects of the California top-two law is that it removed write-in space from the general election ballot, but only for Congress and partisan state office, the offices elected under the top-two system. This Los Angeles Times story explains why the legislature (which passed the top-two law) destroyed write-ins.

The reason the write-in issue is getting attention now is because Congressman Duncan Hunter, the Republican incumbent in the 50th district, has been indicted. He is one of two candidates on the November ballot; the other is a Democrat. The article is mistaken when it says no one has challenged the write-in ban. At least two lawsuits did so, but they both lost. Thanks to John Fund for the link.

U.S. District Court Rules Michigan Must Use Straight-Ticket Device While State Appeals

On August 23, U.S. District Court Judge Gershwin A. Drain ruled that Michigan must use a straight-ticket device in the November 2018 election. Earlier he had ruled that the 2016 law abolishing the device is void. The state is appealing, and while the appeal is pending, the state wanted to avoid using the device.

The state will probably now ask the Sixth Circuit for a stay.