Law Professor Vikram Amar Analysis Says National Popular Vote Plan Can Use Initiative Process

Law Professor Vikram Amar has this article on Verdict, expressing the view that the recent U.S. Supreme Court decision Arizona State Legislature v Arizona Independent Redistricting Commission means that the National Popular Vote movement is free to use the initiative process to pass its plan. Thanks to Rick Hasen for the link.

The same logic also supports using the initiative to pass laws for each U.S. House district to elect its own elector, or laws to apportion each state’s electors in proportion to the popular vote within each state.

Independent Voters Can Vote in Both Major Party Primaries, without Having to Join Those Parties, in Two-Thirds of U.S. House Districts

The United States House of Representatives has 435 voting members. In 291 of the districts (66.9% of the districts), independent voters can vote in all major party congressional primaries, without having to join any party. In another 20 districts, independent voters can vote in any major primary but they must join that party at the polls on primary day. In another 7 districts, independents can vote in Democratic primaries without joining the Democratic Party, but they can’t vote in Republican primaries.

States in which independent voters can’t vote in either major party’s congressional primary without joining a party have 137 districts out of the 435.

The reason this data is worth mentioning is that many proponents of top-two primaries repeatedly publish misinformation. For example, John Opdycke, President of OpenPrimaries, has this op-ed in The Hill of July 7. The op-ed says “most congressional representatives are elected via an electoral system that empowers the few and excludes the many.”

The op-ed also implies that “the vast majority” of voters are excluded from major party congressional primaries. Actually, 73.3% of U.S. voters in the states with registration by party are registered members of parties; 26.7% are registered as independents, or as members of unqualified parties.

Finally, the op-ed says the California top-two system caused an end to late budgets. Actually California’s legislature was able to pass state budgets on time after 2010 because in November 2010, California voters passed Proposition 25, which eliminated the requirement that the budget pass with a two-thirds vote in each house of the state legislature. Once that happened, it was easy for the Democratic majority in each house to pass the budget favored by the Democratic legislators. The top-two system had no impact on whether the budget passed on time.

Commonwealth Magazine Carries Detailed Article Advocating Instant Runoff Voting for Boston

Commonwealth Magazine is a quarterly print publication as well as an on-line magazine. The Summer 2015 issue has this detailed article advocating that Boston use instant runoff voting for its city elections. The article explains how the system works in elections that elect multiple winners, such as at-large city council seats. Thanks to Dave Holtzman for the link.

Former Virginia Governor James Gilmore Will Seek the Republican Presidential Nomination

According to this story, former Virginia Governor Jim Gilmore will announce his candidacy for the Republican presidential nomination soon. That makes 17 Republican presidential candidates with the qualifications to be recognized as bona fide by the Republican National Committee.

If there were a top-two system in place for President, and the first round were held now, it is likely that the top two vote-getters would be Hillary Clinton and Bernie Sanders, and then they would be the only candidates in the election itself. That is because the Republican field is so split up. Thanks to PoliticalWire for the link.

New Jersey Voters who Don’t Wish to Register into Parties Ask U.S. Supreme Court to Hear Their Case

On July 7, several New Jersey voters who do not wish to be registered members of any party asked the U.S. Supreme Court to hear their lawsuit, Balsam v Secretary of State of New Jersey. They argue that partisan primaries are integral stages of the election process, and that it is unconstitutional to exclude any voters from any stage of the election process.

New Jersey has a closed primary system. Only party members can vote in primaries. However, on primary day, any registered voter who is not a member of any party is free to ask for a primary ballot; but if the voter does that, he or she will be listed as a member of that party. The voter is free to re-register immediately afterwards and regain independent status.

The lower courts had upheld New Jersey’s system. The Third Circuit oral argument was on March 16 and the decision was released on April 8.