California Recall Proponents Win a Partial Court Victory

Posted on by August 15, 2017
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On Monday, August 14, the California State Court of Appeals, 3rd district, issued a ruling in Howard Jarvis Taxpayers Association v Padilla, 85176.  The Court said the state cannot now enforce a new law, passed in June 2017, that makes it more difficult for recall petitions to succeed.  The court did not rule on the substance of the new law, but said the new law can’t be applied now.

The order, issued by Presiding Justice Vance W. Rave, suggests that the new law, which was part of a budget bill, violates the restriction on the single-subject rule.  The bill was SB 96.

The recall is aimed at Democratic State Senator Josh Newman (D-Fullerton).  Recall proponents did not like his vote to increase gasoline taxes.  Thanks to Rick Hasen for this news.

Philadelphia Magazine Story on Upcoming Trial on Green-Republican Lawsuit

Posted on by August 14, 2017
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Philadelphia Magazine and WURD radio have this story about the upcoming trial in Little v Vasquez, the lawsuit over the March 2017 special election for state representative in Philadelphia’s 197th state house district.  The case is in federal court and has a trial on September 13 at 2 p.m.  It concerns charges that voters were bribed to cast a write-in vote for the Democratic nominee.  The case was filed by the Republican nominee and the Green nominee.

White Plains Candidates for Mayor and City Council Win Dispute Over Petition Signatures

Posted on by August 14, 2017
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Several candidates for Mayor and City Council of White Plains, New York, had their petitions invalidated, partly because many signers wrote “W.P” instead of “White Plains” in the line for the name of the city.  They sued in state court.  On August 14, the state supreme court judge ruled from the bench that those signatures will be allowed.  A written order is expected in two days.  The candidates are running in the September 12 Democratic primary.  Thanks to Rick Hasen for the news about the problem.

Independent Voters in New York City Will be Permitted to Choose a Reform Party Primary Ballot for Mayor

Posted on by August 14, 2017
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The Reform Party is ballot-qualified in New York, and has decided to let independent voters participate in its Mayoral primary being held on September 12, 2017.  This will be the first time any party in New York has let independent voters vote in an actual primary for an election of this size.  Some years ago the Independence Party also decided to let New York independent voters vote in its statewide primaries, but during those years there was no actual Independence Party statewide primary.  But there were Independence Party primaries for county office outside New York city.

The Reform Party mayoral primary ballot will only have one candidate listed, Sal F. Albanese.  But there will be write-in space on the ballot, because an opportunity to ballot petition was successfully completed.  That means all write-ins will be tallied, whether the candidate written in is seeking the nomination or not.

Albanese is also seeking the Democratic Mayoral nomination, and is a Democrat.  If he wins the Reform Party nomination but not the Democratic nomination, he will accept the Reform Party nomination and will run in November.