To Settle a Lawsuit, Georgia Agrees to Ease its Voter Registration Rules

On February 8, the state of Georgia, in response to a lawsuit, agreed to ease its procedures for handling new voter registrations. Under the old practice, if a new voter registration form was submitted, election officials checked it against the data in the state drivers’ license records, and also checked Social Security records. If there was the slightest discrepancy, such as the use of a maiden name when the applicant first received a Social Security card and use of her married name when she registered to vote, or the slightest spelling deviation, including apostrophes, the voter registration form was rejected.

Under the settlement, such voter registration applications will be processed, with a notation “pending”. When the applicant shows up to vote the first time, he or she will be required to show certain kinds of government I.D. and if that satisfies the discrepancy, the applicant will be able to vote and be considered a normal registrant. The case is Georgia State Conference of the NAACP v Kemp, n.d., 2:16cv-219. The lawsuit had been filed September 14, 2016. Thanks to Rick Hasen for the link.

Nevada Top-Two Bill Introduced

On February 7, Nevada State Senator James Settelmeyer (R-Minden) introduced SB 103, which converts Nevada partisan elections into top-two elections. This is the second session in which Senator Settelmeyer has introduced the bill.

The bill is ambiguous as to whether persons registered into unqualified parties could have their party label on the ballot.

On February 9, the Las Vegas Review-Journal editorialized against the bill.

The legislature’s bill summary misuses the term “blanket primary.” The analysis describes the bill as a blanket primary, but a blanket primary puts the top vote-getter from each party on the general election, and this bill does not do that. The editorial is also weak on vocabulary; it refers to a top-two system as an “open primary”, but for over 100 years, “open primary” has been defined in political science textbooks and U.S. Supreme Court opinions as a system in which each party has its own primary ballot and its own nominees, but any voter is free to choose any party’s primary ballot.

One Nevada activist who has worked to get SB 103 introduced says he does not really believe top-two is a good system, but he believes that having a top-two system will make it easier to transition into a system using ranked-choice voting. However, history shows that the best way to gt ranked-choice system passed is to first have a system in which strong minor party or independent candidates compete, leading most people to then deplore the results of “spoiling.” This is how Maine was persuaded to pass ranked-choice voting.

Illinois Government Files Final Brief in Libertarian Party Lawsuit over Full-Slate Requirement

On February 9, attorneys for Illinois state government filed this Seventh Circuit brief in Libertarian Party of Illinois v Scholz, 16-1667. The issue is the constitutionality of the law that requires newly-qualifying parties (but not established parties) to run a full slate of candidates. The 21-page brief says the state interest in this law is to “promote political stability, prevent ballot overcrowding, and avoid voter confusion and deception.” This boiler-plate language from Jenness v Fortson (a U.S. Supreme Court decision from Georgia, issued in 1971) is typically inserted in state government briefs in defense of restrictive ballot access laws. The state’s brief contains no more specific state interest.

The state admits that no other state has ever had a full-slate requirement. The state brief does not acknowledge that three different U.S. District Court Judges have all criticized the law in separate decisions, in either this case or a related pending case (this case is quite old, and while it was in the U.S. District Court, it was handled successively by three different judges).

A Week After the Debates Court Decision, Some News Media Report Story in Greater Depth

The U.S. District Court debates decision Level the Playing Field v FEC came down on February 1. Most large media did not mention the decision. Now, there is greater attention. See this very interesting and lengthy Real Clear Politics story, which has details about what comes next. Also see this story at AntiMedia.org, noting the lack of press attention to the decision. Thanks to Jack Dean and Phil Berg for the links.