Alabama Bill to Eliminate Odd Year Special Elections for U.S. Senate

Although the Alabama legislature is not in session, legislators are already filing bills for the 2018 session.  According to this article, Representative Steve Clouse (R-Ozark) has filed a bill to eliminate odd year special elections for U.S. Senate.

The Constitution permits states to let gubernatorial appointees to the Senate serve as long as two years, before that seat gets an election.  Most states do not hold special U.S. Senate elections, except in November of even-numbered years.

Alabama is having a special U.S. Senate election later this year, and Representative Clouse says that election costs taxpayers too much money.

Political Scientist Seth Masket Article on Kasich-Hickenlooper Independent Bipartisan Ticket

Even though it appears Governors John Kasich (R-Ohio) and John Hickenlooper (D-Colorado) won’t actually run for president and vice-president on a single independent bipartisan ticket in 2020, Political Scientist Seth Masket has written about the concept for Pacific Standard magazine.

Pacific Standard is both a print and internet magazine, published in Santa Barbara, California.  It was formerly the Miller-McCune magazine.

North Carolina Legislature Doesn’t Finish Redistricting

On Monday, August 28, the North Carolina House passed the bill redistricting the State House, HB 927.  But even though it was then sent to the Senate, the Senate did not act on it, and the legislature has adjourned for the day.

Last week, the Senate had passed SB 691, the bill redistricting the State Senate, but the House still hasn’t acted on that bill.

The legislature will reconvene on Tuesday, August 29, at 2 p.m.

California Superior Court Says the Legislature in 2016 Violated the State Constitution when it Passed a Bill Authorizing Public Funding

On August 28, Superior Court Judge Timothy M. Frawley issued a twelve-page opinion in Howard Jarvis Taxpayers Association v Brown, Sacramento, 34-2016-80002512.  It says that a 2016 bill, SB 1107, violates the California Constitution and is therefore void.

SB 1107 removed a prohibition on public funding of campaigns from the election code.  The statutory ban on public funding of campaigns that existed before 2016 was in the law because in 1988, the voters had passed an initiative, Proposition 73, that banned public funding.  However, proposition 73 said that the legislature could amend its provisions if they were in accord with the basic purposes of an earlier campaign finance constitutional  initiative passed in 1974.

California does not permit the legislature to amend voter initiatives unless the initiative says that the initiative can be amended by the legislature in specific ways.  Nevertheless, in 2016, the California legislature repealed the ban on public funding of campaigns.  The Howard Jarvis Taxpayers Association then sued to overturn SB 1107, and the Taxpayers Association has now won that lawsuit, at least at the trial court level.  It is unknown if the government will appeal.

The issue is more complicated than one might think, because the California Constitutional provisions relating to campaign finance have been changed by several initiatives over the last decades, and the legislature did have a somewhat plausible argument that it could do what it did.  However, the legislature’s arguments didn’t prevail.