New York Legislature Extends Session Into Next Week

This story says the New York Senate is likely to adjourn for the session on the evening of June 18, Thursday. But the story also says the legislature is likely to be called back into session shortly afterwards. Scroll down to the paragraph that is headed “3:45 pm.” That is good news for the bills for Instant Runoff Voting for New York city primaries, and the bills to move the presidential primary from February 2 to a later date. UPDATE: the legislative session will extend into next week; see this story.

U.S. District Court Hears Three Hours of Argument in New Hampshire Ballot Access Case

A U.S. District Court in New Hampshire heard oral argument for three hours on Thursday, June 18, in the New Hampshire Libertarian Party ballot access case. There will be another hearing soon to present witnesses, and until that second hearing is held, there will be no opinion. The issue is the 2014 law that makes it illegal to circulate the party petition in an odd year.

The next hearing will probably be in early or mid-July. The Judge hopes to release an opinion no later than the end of August 2015.

UPDATE: here is a story about the hearing.

New York Senate Passes Bill for Instant Run-off Voting in New York City Primaries for Mayor, Public Advocate and Comptroller

On June 17, the New York State Senate passed SB 4586, which would use instant run-off voting for party primaries in New York city for the offices of Mayor, Public Advocate, and Comptroller. Here is the text of the bill. Voters could rank up to five candidates. The bill appears to have passed the State Senate with a voice vote, so there is no tally on how Senators voted.

There is very little time for the Assembly to vote on this bill, because the session will end June 18 or June 19. The sponsor of the bill is Senator Andrew J. Lanza (R-Staten Island). The bill is also introduced in the Assembly as AB 5571. Thanks to Rob Richie for this news.

U.S. Supreme Court Rules that Government Cannot Discriminate Against Signs Based on Their Purpose

On June 18, the U.S. Supreme Court issued an opinion in Reed v Town of Gilbert Arizona, 13-502. The decision is unanimous as to the result. The decision strikes down a town ordinance that says the purpose of the sign should determine how long it can remain standing, and what size it can be. Six justices said that if a government discriminates against signs based on their purpose, that restriction can only be justified by a compelling reason. This case concerns signs placed on private property.

The ordinance struck down says signs expressing an ideological message may remain up for an unlimited amount of time, and be up to 20 square feet. But signs directing the public to an event could not be placed until 12 hours before the event was to start, and had to be removed within two hours after the event was over, and could be no larger than six square feet. The case had been filed by a church that doesn’t have its own building, and therefore has to move around from building to building every week. Therefore, the church depends on signs telling passers-by where the church meeting will be. The church had been fined for putting up such signs earlier than the town’s restrictions allowed.

The key sentence in the decision is “Thus, a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter.”

Logically, the principles set forth in this decision ought to apply to restrictions on write-in voting. States that ban write-in voting are, in effect, saying that the content of a voter’s vote determines whether it can be expressed. A vote in a public election is an expression of the voter’s views. States that ban write-ins are letting some views be expressed, and not letting other views be expressed.

The decision may also help the Libertarian and Green Parties to win their pending lawsuit against Arizona voter registration forms, which make it more difficult for voters to register into those parties (even though they are ballot-qualified) than into the Republican and Democratic Parties. The decision may also be useful for lawsuits filed against ballot formats that make it more difficult for voters to vote for independent candidates than for Republican and Democratic nominees.