Alabama Representative Mike Ball (R-Madison) has introduced HB 214. It provides that in all partisan elections except president, all candidates would run in the primary and only the top two vote-getters could run in November. However, like two other similar bills in Alabama, it does not provide for equal procedures for candidates to get on a primary ballot. Republicans and Democrats would simply pay a fee and file with their own parties, but everyone else would need a petition of 1% of the last gubernatorial vote.

Because the primary is in March in presidential years, this would mean candidates who aren’t Republicans or Democrats would need to submit a petition of approximately 13,000 valid signatures by December of the year before the election. This would be unconstitutional under New Alliance Party of Alabama v Hand, 933 F 2d 1568 (11th circuit, 1991). That decision, which also concerned a petition of 1% of the last gubernatorial vote, struck down a March petition deadline as too early, so obviously December of the year before the election would be even more unacceptable. Thanks to Shawn Griffiths for the news about HB 214.

The Oregon Senate Rules Committee has introduced SB 1512. It provides that Oregon will join the National Popular Vote Compact, if the voters approve the idea in November 2018. See this story.

On January 22, the Pennsylvania Supreme Court struck down the state’s U.S. House districts as an unconstitutional partisan gerrymander, and ordered new districts in time for the 2018 election. The decision is only three pages and will be supplemented later. The case is League of Women Voters of Pennsylvania v Commonwealth, 159 MM 2017. If the legislature doesn’t draw new districts by mid-February, the court will draw them. Thanks to Political Wire for this news.

Here is a dissent, signed by two members of the Court. It says the Pennsylvania Supreme Court should have waited until the U.S. Supreme Court issues its pending opinions in somewhat similar cases. However, the Pennsylvania decision is based on the Pennsylvania Constitution, and the cases pending in the U.S. Supreme Court are based on the federal Constitution.

One of the two dissenters also wrote this dissent.