U.S. District Court Enjoins Pennsylvania Ban on Out-of-State Circulators, as Applied to Referendum Petition

On August 9, U.S. District Court Judge Mark Hornak, an Obama appointee, enjoined a Pennsylvania law barring out-of-state circulators, as applied to a particular referendum petition. OpenPittsburgh.Org v Wolosik, w.d., 2:16cv-1075. The specific law enjoined is P.S. 2869(a), which also covers the ban as applied to petitions to get on a primary ballot. That is a different statute than the statute banning out-of-state circulators for minor party and independent candidate petitions, which had already been invalidated.

The defendant had complained that the case had been filed too late. It was filed July 22, 2016. But the judge said that if the case had been filed sooner, then the government would have argued that there wasn’t enough evidence yet of harm. The proponents of the referendum petition were able to show that the ban on out-of-state circulators was threatening their ability to complete the petition drive.

Here is a link to the referendum petition’s proponents, explaining the purpose of the referendum.

Rocky De La Fuente Files Brief in California Ballot Access Case

On August 9, Rocky De La Fuente filed a brief in his case against the California requirement that an independent presidential candidate submit 178,039 signatures to get on the ballot. De La Fuente v Padilla, c.d., 2:16cv-3242. No other candidate, except a presidential candidate, ever needs more than 65 signatures to get on a California ballot for partisan office. No one has complied with the California statewide independent petition requirement since 1992. De La Fuente is the first independent presidential candidate in California history to sue against the independent presidential petition, which has been in the law since 1976.

Daily Newspaper for Champaign-Urbana, Illinois, Says 5% Petition Requirement is Unfair

On August 9, the daily newspaper for Champaign and Urbana, Illinois, the News-Gazette, editorialized that the Illinois law requiring independent candidates for U.S. House to submit a petition of 5% of the last vote cast is not fair. See the editorial here. The only states that require more than 10,000 signatures for an independent candidate for U.S. House are Illinois, Georgia, and North Carolina.

Benton County, Oregon, Expected to Vote on Whether to Use Instant-Runoff for County Office Elections

Benton County, Oregon voters will probably see an initiative on their ballot in November to use instant-off voting for county office elections. See this story. One of the activists responsible for getting the idea on the ballot is Blair Bobier, a long-time Green Party activist. Thanks to Rob Richie for the link. Oregon elections for county office are non-partisan.

The Herald, Washington State’s Fifth Largest Newspaper, Recommends Change in Top-Two System

The Herald, daily newspaper for Everett and the northwest corner of the state, here editorializes that the Washington state top-two system be changed. The Herald recommends that the top four candidates be placed on the November ballot for partisan office. In addition, anyone receiving 20% in the primary would also go on the general election ballot.

The editorial seems to be motivated by the fact that the August 2, 2016 primary for State Treasurer resulted in two Republicans qualifying for the November ballot, and no Democrats, even though more votes were cast for Democrats for that office in the primary.

The editorial is not correct when it says that Nebraska and Louisiana also use the top-two system. Louisiana abolished primaries (except presidential primaries) and only has a general election in November, and a run-off. Nebraska has a semi-closed primary for some partisan offices, and a closed primary for the other partisan offices. For legislature, it has a non-partisan election. Thanks to Rob Richie for the link.