Michigan Initiative for No-Excuse Absentee Voting and Straight-Ticket Device Has Enough Valid Signatures

Posted on by September 2, 2018
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On August 31, the Michigan Secretary of State said that the “Promote the Vote” initiative has enough valid signatures to be on the ballot. It authorizes no-excuse voting. Unfortunately, it also provides for a straight-ticket device. It is a proposed constitutional amendment, so if the voters pass it, the legislature can’t repeal any part of it.

The backers of the initiative had sued to get the initiative on the ballot, after a preliminary check of the signatures showed that the initiative did not have enough valid signatures. The lawsuit, filed in federal court, challenged the way Michigan uses random sampling to check statewide initiatives. But it is likely that the lawsuit will now be dismissed, or considered moot. The lawsuit is Promote the Vote v Johnson, e.d., 2:18cv-12692.

Lawsuit Filed to Challenge Ohio Law that Lets Election Officials Reject Initiatives Based on Content of the Initiative

Posted on by September 2, 2018
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On August 28, a federal lawsuit was filed against an Ohio law that lets election officials decide for themselves whether to put an initiative on the ballot. Ohio law lets election administrators reject initiatives, even if they have enough valid signatures, based on the officials’ belief that the proposed initiative would or would not be constitutional.

This particular lawsuit was filed on behalf of the proponents of a local initiative to reduce penalties for possession of marijuana. Schmitt v Husted, s.d., 2:18cv-966. The initiative was rejected by the Portage County Election Board even though it had enough valid signatures, because the Board did not feel the subject matter is proper for an initiative. A hearing will be held September 17, and the judge promised a decision quickly, in time for the election. Here is the Complaint.

Some New Mexico County Clerks May Disobey Directive from Secretary of State on Straight-Ticket Device

Posted on by September 2, 2018
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This Las Cruces Sun News story says some county election officials may not obey the Secretary of State’s directive to add a straight-ticket device to the November 2018 ballots. Thanks to Rick Lass for the link.

UPDATE: the Albuquerque Journal has this September 2 editorial, saying that the straight-ticket device is not a good idea, because voters ought to be responsible enough to make an individual decision about each partisan race on the ballot.

FURTHER UPDATE: here is a memo sent to each New Mexico county clerk, setting for the case that the clerk should not put the device on the ballot.

Missouri Lower State Court Retains Initiative on Ballot Despite Charge that Circulators Were Not Always Present When Signatures were Gathered

Posted on by September 2, 2018
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On August 31, a Missouri trial court ruled that a statewide initiative should be on the ballot, even though opponents of that initiative charged that many of the signatures were obtained without a circulator present at the time. Some of the sheets were fastened to bulletin boards so that passers-by could sign, even though no circulator was physically present. The judge ruled that the Missouri Supreme Court ruled in 1978 that initiatives cannot be disqualified on that basis; if the petition was signed by the required number of registered voters, it should be on the ballot. See this story. The case is Bradshaw v Ashcroft, Cole Co., 18AC-cc320. Thanks to Ken Bush for the link.