North Carolina Independent Voter Files Lawsuit Against Law that Bars Him from Serving on Board of Elections

North Carolina law does not permit anyone to serve on the State Board of Elections, or a county board, unless that voter is a registered member of one of the two largest parties in the state. On June 7, Michael Crowell, an independent voter and an attorney, sued on his own behalf to overturn that law. Crowell v North Carolina, m.d., 1:17cv-515. Here is the Complaint. Thanks to Brian Irving for the news.

Maine Legislature Passes Bill Making Some Ballot Access Improvements for Minor Parties

On June 12, the Maine legislature passed HB 1571 and sent it to the Governor. It makes some improvements for ballot access for new parties. It makes it easier for newly-qualifying parties to remain on the ballot, by giving them two elections to increase their registration to 10,000 people who will actually go to the polls and cast a vote. Also it slightly improves the deadline for a new party to get its necessary 5,000 registrants to qualify for the first time. And, it sets up a procedure to resolve any dispute as to whether the group successfully did get 5,000 registrants.

Assuming the bill is signed into law, it will still be flawed. It is fundamentally irrational to require a newly-qualifying party to have 5,000 registrants to get on, but 10,000 to remain on. If 5,000 means that the party has a modicum of support, then that is true no matter how young or old the party is. Also the new deadline, January of the election year, is still far too early to survive a constitutional challenge by some new party in the future.

The bill passed on voice votes, with apparently no opposition.

Petitioning Period Opens for New York City Primary Candidates

New York city holds partisan primaries for city office on September 12, 2017. Petitioning for candidates to get on a primary ballot runs from June 6 through July 13.

The Independence Party leadership already chose its favored candidate for Mayor on January 5, 2017. That choice is Paul Massey, a Republican who also plans to run in the Republican primary.

The Conservative Party leadership chose its favored candidate for Mayor on May 17. That candidate is Nicole Malliotakis, who is also running in the Republican Party primary.

The Reform Party leadership chose Sal Albanese for Mayor, earlier this month. He is a Democrat who plans to run in the Democratic primary.

Richard “Bo” Dietl, another mayoral candidate, was recently blocked from running in the Republican primary because he is not an enrolled Republican. The last time he filled out a voter registration form, he accidentally checked the boxes for both the Democratic Party and the Independence Party. On June 8, the Supreme Court, Appellate Division, upheld the decision of the lower court that he is not an enrolled Republican. He had argued that because his new voter registration form was ambiguous, he should be considered to be a Republican because his previous registration form showed him to be a Republican. That case is Matter of Dietl v Board of Elections in the City of New York, 2017 NY Slip Op. 04573. Thanks to Richard Grayson for news about the Dietl lawsuit.

Maine Legislative Committee Sends Both Ranked Choice Voting Bills to the Full Legislature

On June 8, the Maine joint Veterans & Legislative Affairs Committee sent both bills on ranked choice voting to the Senate and the House. Maine is one of a very few states in which bills can receive votes on the floor of either house, even if the committee itself didn’t approve the bills. Apparently the vote in committee on both bills was a tie. One bill, LD 1624, would set in motion a constitutional amendment to allow ranked choice voting; and the other bill, LD 1625, would repeal it. See this story.