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New Delaware Registration Data

Posted on July 21, 2017 by Richard WingerJuly 23, 2017

The July 1, 2017 registration totals for Delaware can be seen at this link. The percentages: Democratic 47.29%; Republican 28.00%; Independent Party .83%; Libertarian .23%; Green .12%; American Delta .11%; Working Families .06%; Constitution .04%; Reform .01%; independent and miscellaneous 23.31%.

The percentages in November 2016 were: Democratic 47.49%; Republican 28.03%; Independent Party .79%; Libertarian .22%; Green .12%; American Delta .12%; Working Families .06%; Constitution .05%; Reform .01%; independent and miscellaneous 23.10%.

California Recall Proponents File Lawsuit Against New Law that Changed the Recall Rules in the Midst of a Recall Petition Drive

Posted on July 21, 2017 by Richard WingerAugust 8, 2017

On July 20, proponents of the recall of a Democratic California State Senator filed a lawsuit against the new law that changed the rules for recalls and which went into effect immediately. The new law was SB 96, signed into law last month. See this story.

The case is Howard Jarvis Taxpayers Association v Padilla, filed in the State Appeals Court, 3rd district, case 85176. The lawsuit argues that it violates due process to change the petition rules in the middle of a petition drive. It also argues that SB 96 violates the “single subject” rule; it was mainly a budget bill. UPDATE: here is the opening brief.

Before SB 96 was passed, it was already possible for signers to withdraw their signatures from a recall petition. But SB 96 said that signers could withdraw their signatures even after the petition had been submitted. It also permitted election officials to delay the recall, even if it had enough signatures, while the election-administration cost of the recall election was calculated. The bill did not set any limits on how long that might take.

Arizona Libertarian Party Appeals Ballot Access Case to Ninth Circuit

Posted on July 21, 2017 by Richard WingerJuly 21, 2017

On July 21, the Arizona Libertarian Party filed a notice of appeal in Libertarian Party of Arizona v Reagan, the lawsuit over ballot access for Libertarian Party members who want to get on their own party’s primary ballot. The U.S. District Court had upheld the law earlier this month.

Public Radio Station Story on North Carolina Ballot Access Bill

Posted on July 21, 2017 by Richard WingerJuly 21, 2017

WUNC 91.5, one of the Public Radio stations in North Carolina, has this story about SB 656, the bill to improve ballot access for newly-qualifying parties and independent candidates.

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

Posted on July 20, 2017 by Richard WingerJuly 20, 2017

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.