North Carolina Supreme Court Relieves Governor of Duty of Appointing New Board of Elections Members, Pending the Hearing on August 28

As noted earlier today, the North Carolina Supreme Court will hear oral arguments in Cooper v Berger on August 28, over whether the new law on the makeup of the State Elections Board is valid. On the afternoon of July 20, the Court released a letter saying that the Governor is not now required to comply with the new law. In other words, he is free to leave no board members on duty, during the period between now and when the case is decided.

This slightly indicates that the Court is likely to invalidate the new law, because it would be awkward for the Governor to be forced to appoint eight new members (which the new law requires) if the Court later will invalidate the new law. Thanks to Rick Hasen for this news.

Updated New York Registration Data

As of July 20, 2017, here is the New York registration data: Democratic 5,757,022; Republican 2,683,161; Independence 441,472; Conservative 146,278; Working Families 41,706; Green 26,138; Libertarian 6,463; Women’s Equality 3,186; Reform 1,473; other and independent 2,404,570.

The new percentages are: Democratic 50.01%; Republican 23.31%; Independence 3.84%; Conservative 1.27%; Working Families .36%; Green .23%; Libertarian .06%; Women’s Equality .03%; Reform .01%; independent and other 20.89%.

The November 2016 percentages were: Democratic 49.46%; Republican 22.73%; Independence 4.02%; Conservative 1.30%; Working Families .40%; Green .23%; Libertarian .06%; Women’s Equality .02%; Reform .01%; independent and other 21.77%.

Working Families Party’s Nominations Process for New York City Mayor Will be Challenged

New York state election law generally lets state party organizations file paperwork that permits members of other parties to enter that party’s primary. But the law explicitly says that for the three citywide offices in New York city, including Mayor, the paperwork must be filed by officers of the New York city party organization.

According to this story, the Working Families Party New York city organizations did not file the paperwork for Bill de Blasio (the incumbent, and a registered Democrat) to enter the Working Families Party primary. Instead, the article says, the state WFP officers filed the paperwork. The article says the Reform Party will challenge the WFP nominations for Mayor and the other two citywide offices.

California Bill Moving Primaries from June to March Advances

On July 19, the California Assembly Appropriations Committee passed SB 568. This is the bill that moves primaries for all offices, in all election years (midterm as well as presidential), from June to March.

The vote was 12-4. The four “no” votes were all cast by Republicans: Frank Bigelow, William Brough, Vince Fong, and Jay Obernolte. The bill now goes to the Assembly floor. Assuming it passes there, then it must go back to the Senate because the bill has been amended since it passed the Senate. The amendment made the bill applicable to midterm years.