On December 16, some Ohio voters filed a lawsuit in state court, arguing that Republican presidential elector Christina Hagan should not be permitted to serve as an elector, because she is an Ohio state legislator. The Ohio State Constitution forbids members of the legislature from holding any other public office, whether federal or state. The case is Cain v Hagan, Court of Common Pleas, Stark County. Here is an article about the lawsuit, which has a link to the complaint. Thanks to the Election Law Blog for the link.
On December 14, the North Carolina legislature convened in a special election, and passed SB 4. Here is the text. It converts elections for State Supreme Court Justice from non-partisan to partisan. North Carolina had always had partisan elections for that office until 2003, when it switched them to non-partisan elections.
In the 2016 election, a Democrat defeated a Republican in the non-partisan election. The legislature has a Republican majority. The Republicans seem to believe that if the 2016 election had been partisan, the Republican would have won. Generally academics and good government advocates oppose partisan elections for judicial elections.
SB 4 also ends the old system in which the party that held the Governorship was able to hold a majority on the State Election Board and county election boards. The new system says the two parties with the most registered voters will have an equal number of seats on all the boards. In both the old system and the new system, it was impossible for anyone to ever serve on an election board unless that person was a registered Democrat or registered Republican. However, at least the new system makes it impossible for one party to have unrestricted power over decisions made by the boards. Some opponents of SB 4 believe that the special session was improper, and there will probably be court challenges.
SB 4 was signed into law on December 16, only two days after the special session had convened. The special session is now adjourned and the 2017 session will open on January 11.
The California Statement of Votes for November 2016 is here. On page three, one sees that 14,610,509 ballots were cast. A few pages later, one sees the returns for U.S. Senate. Only 12,244,170 votes were cast for that office. This means that 2,366,339 voters cast a ballot, but did not vote for U.S. Senate. They represent 16.2% of all ballots.
There is always some drop-off between votes cast for President and votes cast for U.S. Senate, but 16.2% is very large and probably unprecedented in California. U.S. Senate is immediately below President on the ballot. The cause of this drop-off is surely that only two Democrats were on the ballot for U.S. Senate, with no write-in space.
The last time California had a U.S. Senate election and a presidential election in the same year, in which the top-two system did not exist, was 2004. In 2004, the drop-off was only 4.3%. In 2004 the number of ballots was 12,589,683, and the number of votes for U.S. Senate was 12,053,293. In 2004 voters had a choice of five candidates, and write-in space.
On December 16, the California Secretary of State completed the election returns for last month’s election. Although that office had made semi-official returns in the preceding weeks, the semi-official returns had no write-in totals for President. Therefore, the biggest news from the December 16 document are the presidential write-ins. Bernie Sanders received 79,341; Evan McMullin received 39,596. See the presidential returns at this link.
Thanks to several people for the link.
Michael Baca is a Colorado Democratic presidential elector who expects to vote for someone other than Hillary Clinton. He was interviewed by Brad Friedman, on BradCast, for Pacifica radio. Here is a link to the full interview. At the 27-minute mark, he explains that the Colorado presidential elector ballots on December 19 are pre-printed with the names of Hillary Clinton for President and Tim Kaine for Vice-President. In response to the interviewer’s question as to how he can therefore vote for others, he first mentions “white-out”, but then says he presumes he can cross out the printed names and write in his eventual choices. He has said he will vote for Republicans for those offices. Later in the interview he mentioned John Kasich or Evan McMullin.
Michael Baca is not one of the plaintiffs in the Colorado lawsuit over presidential electors. It appears to be a coincidence that one of the plaintiffs, another Colorado elector, has the same surname. She is Polly Baca.