Two New Mexico State Senators, a Democrat and a Republican, have introduced SB 178. It would eliminate primaries for Lieutenant Governor. Instead, parties entitled to a primary could either have a bylaw saying the gubernatorial nominee could choose a Lieutenant Governor running mate, or else let parties choose someone by convention. See this story.
On January 26, both sides filed briefs in the case over whether North Carolina violated the U.S. Constitution when it abolished primaries for judicial races, which are partisan races. The Democratic Party’s five-page brief, responds to the judge’s request for a brief on how the 2008 U.S. Supreme Court decision Washington State Grange v Washington State Republican Party bears on the current North Carolina case. The current North Carolina case is over the legislature’s eliminating partisan primaries for judicial office. The Democratic Party wants its primary back.
On the same day, the state also filed a five-page brief on that point. Both briefs have problems. If the Democratic Party brief were to be believed, then the Louisiana election system would be unconstitutional, yet no one has ever tried to invalidate the current Louisiana system, in which there are no primaries. The state’s brief is somewhat misleading because it does not mention that the U.S. Supreme Court didn’t decide whether a party’s associational rights are violated when party labels appear on the ballot but parties don’t have nominees. Instead, the U.S. Supreme Court remanded the case back to the lower courts for more fact-finding.
According to this story, the New York state legislature is likely to pass a bill this year to create early voting (also called no-excuse absentee voting).
On January 26, the North Carolina Supreme Court issued an opinion in Cooper v Berger, 52PA17-2. It ruled that the law passed last year, ending the old method for determining who is on the State Board of Elections, violates the State Constitution. See this story.
As a result, it will now be possible for the Board to again have members. For the past several months the employees of the State Board have taken the position that there is no State Board of Elections, because the identity of the members was disputed. Now that the Board is in existence again, it will be possible for the Board to accept the proof that the Green Party is a ballot-qualified party. The Green Party had to show that its presidential nominee was on the ballot in at least 35 states in 2016. The Board employees accepted the proof but said until the stalemate was ended, the Board couldn’t certify the Green Party. Thanks to Rick Hasen for this news.
The Indiana Senate will soon vote on SB 328, the bill that eases ballot access. It has already passed committee and may get a Senate vote as early as Monday, January 29. If you live in Indiana, please call 800-382-9467, a capitol phone number. You will be asked which legislator’s office you wish to contact. Ask your State Senator to support SB 328.
Ralph Nader placed third in the presidential elections of 2000, 2004, and 2008. In those three runs, he never appeared on the ballot in just four states: Georgia, Indiana, North Carolina, and Oklahoma. In the last two years three of those states have substantially eased ballot access, but Indiana has not.
SB 328 cuts the number of signatures from 2% of the last Secretary of State vote, to 4,500 signatures (for statewide office). Also, it sets up a party petition procedure, so that a group could petition before it has chosen its nominees. Passage of this bill would be of great help to voter rights in Indiana and nationwide.
