Laws Professor Derek Muller here criticizes the Democratic majority in the California legislature, and Governor Jerry Brown, for changing the rules to make recall petitions more difficult to complete, right in the middle of a current recall. Thanks to Rick Hasen for the link.
On September 18, the Seventh Circuit heard arguments in Tripp v Scholz, 16-3469. This is the Green Party case that challenged the petition requirements for state representative in 2014. The U.S. District Court had upheld the requirements. The party argued that the 5%, in combination with the requirement that each sheet be notarized, the fact that there were no population centers in the two particular districts at issue, that only 90 days are permitted, and the signers must state they are themselves organizing the party, together, is unconstitutionally difficult.
Here is a link to the 30-minute oral argument, which seemed to show that the three judges will uphold the requirements. One judge stated flatly that the notarization requirement is not burdensome because a circulator is free to bring in all his or her sheets in a single trip to the notary. She also stated flatly that the notarization requirement is needed to prevent fraud, ignoring all the evidence that the Green Party had presented that it is not necessary to combat fraud.
The judges seemed to believe that Illinois ballot access is not burdensome because primary voters are free to sign a petition for a newly-qualifying party or an independent candidate. But, every state except Texas permits that. That fact was not brought out.
No minor party candidates for the legislature qualified for the Illinois ballot in either 2014 or 2016. The record reveals this for 2014, but even though the judges seem vaguely aware that there are few successful minor party petitions for the legislature in Illinois, they did not seem to know there were none.
The attorney for the state criticized the party because it didn’t start circulating the petition until one-third of the petitioning period was over, but the petitioning period starts in early March, and no reference was made to the winter weather in Illinois, nor the fact that March is remote in time from the general election.
New Jersey is holding a gubernatorial election on November 7. The Star-Ledger and its associated newspapers have published this lengthy story about each of the three minor party gubernatorial nominees, and both independent candidates for Governor. Thanks to Frank Morano for the link.
The U.S. Supreme Court will hear Husted v A. Philip Randolph Institute, 16-980, on November 8. On September 15, the Ohio voting rights groups who won the case in the lower court filed this brief on the merits with the U.S. Supreme Court. Ohio will now file a reply brief, and then the briefing will be complete. The issue is whether Ohio is purging voters from the rolls in a manner that violates federal law. Thanks to Rick Hasen for the link.
On early Saturday morning, September 16, the Senate concurred in the Assembly amendments to SB 568, the bill that moves all primaries from June to March. The bill now goes to Governor Jerry Brown, who has until October 15 to sign or veto it.
The final votes were: September 16 vote in the Senate, 26-10. September 15 vote in the Assembly, 55-21.
The only other time that a midterm California primary was earlier than June was 2002, when it was in early March. The 2002 California primary had the lowest turnout of any California primary in history, up until that point. Only 34.6% of the registered voters cast a ballot. The 2002 primary was a semi-closed primary.
Afterwards, though, California midterm primary declined even more. It was only 25.2% in 2014, the first and only midterm year under the top-two system.
