On May 17, Kent Bernbeck, a Nebraska political activist who has long worked to ease restrictions on initiatives, said he will be an independent candidate for Treasurer this year and that he will soon file a federal lawsuit to overturn the law (passed in 2016) that requires him to collect 10% of the registered voters, in order to get on the ballot. See this story.
The veteran Los Angeles Times reporter for California state governmnent, George Skelton, has this column. The last sentence is, “Depending on what happens this November, maybe we should consider reforming the system.” This is very significant, because Skelton has been a steadfast and even vociferous supporter of the top-two system ever since it was on the ballot the first time in California, in 2004 (it was defeated that year).
Also, Marty Wilson, spokesperson for the California Chamber of Commerce, is quoted in the piece as suggesting the top-two system should be changed so that it only affects district office, not statewide office. This is also significant. The Chamber of Commerce and the California Business Roundtable some years ago formed a committee to defend the top-two system. That committee has intervened in court in every California lawsuit over any aspect of the top-two system. They even intervened in the pending ACLU lawsuit over party labels for candidates who are registered in unqualified parties, Soltysik v Padilla. That case will get a Ninth Circuit opinion any day now, although it may take time.
Katie Merrill, veteran California Democratic political consultant, predicts that if Democrats faile to qualify for the ballot in any U.S. House races in 2018, in any district that Hillary Clinton carried in 2016, there will be a repeal measure on the 2020 ballot for the top-two system. Read all the way to the bottom of this story.
Thanks to California Playbook-Politico for the link.
Gravis Marketing has released a poll for Indiana 2018 general elections. See question eleven, in which the pollsters asked about the nominees of the Green and Libertarian Parties as well as the major party nominees. The poll shows 10% for the Libertarian and 4% for the Green.
There is no assurance that the Green Party will even be on the ballot in 2018. It is petitioning, but it has never before succeeded in getting on the Indiana ballot for statewide office. The requirement this year is 26,700 signatures. Thanks to Michael for the link.
On May 15, the government of Utah filed this 28-page brief, explaining why the Tenth Circuit should not rehear Utah Republican Party v Cox, 16-4091. The Tenth Circuit had asked the Utah government to respond to the request for rehearing.
The issue is whether the Utah Republican Party has a freedom of association right to limit its primary only to candidates who showed substantial support at a party endorsements meeting. The Tenth Circuit had ruled against the party by a 2-1 vote earlier this year.
The state’s brief says toward the end that freedom of association for groups in general is stronger than freedom of association for political parties.
