New Arizona Registration Data

The Arizona Secretary of State has released the first registration data since the October 28, 2016 data. The new percentages are: Republican 34.56%; Democratic 30.35%; Libertarian .88%; Green .20%; independent and miscellaneous 34.02%.

The October 2016 percentages were: Republican 34.54%; Democratic 30.41%; Libertarian .87%; Green .19%; independent and miscellaneous 33.98%. All categories increased except for the Democratic Party.

Utah Senate Passes Bill that Moves Petition Deadline for New Parties from February to November of Year Before Election

On the afternoon of January 23, the Utah Senate passed SB 13, which moves the petition deadline for a newly-qualifying party from February 15 to November 15 of the year before the election. The bill was introduced and passed on the same day. Now it goes to the house. The bill is an omnibus election law bill with many other provisions.

Montana Government Waives its Right to File a Response in Republican Party Open Primary Lawsuit

On January 20, attorneys for the state of Montana waived their right to file a response to the U.S. Supreme Court, in the Republican Party lawsuit against the open primary. The case is Ravalli County Republican Party v McCulloch, 16-806. The lower courts had ruled that the party didn’t submit evidence that the open primary hurts the party, so the lower courts upheld the open primary.

Montana is one of 19 states with an open primary, in which any voter on primary day is free to choose any party’s primary ballot, although each party has nominees and its own primary ballot. The Hawaii Democratic Party has a similar case pending in the U.S. Supreme Court, but in Hawaii, the state government did file a brief with the U.S. Supreme Court, asking that court not to hear the case.

Utah Bill to Move Petition Deadline for New Parties to November of Year Before Election

The Utah omnibus election law bill, SB 13, moves the petition deadline for a new party from February 15 to November 15 of the year before the election. Here is a copy of the bill. See section 7. The sponsor is Senator Margaret Dayton, but it appears the bill is really sponsored by the state elections office.

Petition deadlines for new parties in the odd years before election years have never been upheld. Utah is in the Tenth Circuit and there are no Tenth Circuit precedents on petition deadlines for newly-qualifying parties, except that in 1988 the Oklahoma May 31 deadline was upheld. New Mexico is in the Tenth Circuit and in 2012 a U.S. District Court struck down the April petition deadline for new parties.

In 2000 the U.S. State Department charged that Azerbaijan was violating human rights standards because it was considering moving the deadline for a new party to be organized to six months before the election.

Alabama Legislative Districts Invalidated as a Racial Gerrymander

On January 20, a 3-judge U.S. District Court invalidated twelve Alabama legislative districts. The court found that the legislature, when drawing the boundaries, had packed so many black voters into some districts that black influence as a whole was diminished. The boundaries of three State Senate districts and nine State House districts were struck down. The legislature, which convenes February 7, will now draw new boundaries. Of course, the boundaries of many, and possibly all, districts will be changed. When one changes the boundaries of a particular district obviously that changes the boundaries of neighbor districts.

Alabama does not elect legislators in presidential years. They are all elected to four-year terms in midterm years. There is no court order for a special election in 2017. The case is Alabama Legislative Black Caucus v State of Alabama, 2:12cv-691. Here is the decision. The case is quite old. The same 3-judge panel had upheld the districts several years ago, but in 2015 the U.S. Supreme Court had ruled that the lower court did not use the proper methodology and sent the case back. Thanks to Rick Hasen for this news.