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

Posted on by August 10, 2016
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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.

Rocky De La Fuente and Jill Stein File Oklahoma Ballot Access Case

Posted on by August 10, 2016
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On August 10, Rocky De La Fuente and Jill Stein filed a lawsuit against the Oklahoma requirement that independent presidential candidates, and the presidential nominees of unqualified parties, file a petition with 40,047 valid signatures by July 15. The Complaint points out that the state irrationally requires more signatures for just a single candidate than for an entire new party. New parties this year needed 24,745 signatures. The Complaint also charges that the deadline is unconstitutionally early. De La Fuente v Ziriaz, w.d., cv-16-914.

Eighth Circuit Asks Nebraska to Respond to Kent Bernbeck’s Request for Rehearing En Banc

Posted on by August 9, 2016
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On August 9, the Eighth Circuit asked attorneys for Nebraska to respond to the petition for rehearing en banc, in Bernbeck v Gale, 15-1983. The issue is the county distribution requirement for statewide initiatives. The U.S. District Court had invalidated the law, but the Eighth Circuit had ruled 2-1 on July 28 that the plaintiff doesn’t have standing.

It is unusual for a petition for rehearing en banc to get this type of response. The response shows that the judges are taking the matter seriously.

Ohio Newspaper Reporters do Poor Job of Investigating Presidential Substitution

Posted on by August 13, 2016
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On August 9, at least three large newspapers in Ohio took at face value the statement of an Ohio elections official who asserted that no stand-in presidential or vice-presidential candidate had ever before submitted a petition. Here is the Cincinnati story. And here is the Cleveland story. UPDATE: here is the Toledo Blade story.

The truth is that presidential petitions in Ohio have used stand-ins in the past. The Libertarian presidential independent petition in Ohio in 1996 listed Ed Clark as the stand-in presidential candidate, and David Bergland as the stand-in vice-presidential candidate. John Anderson’s Ohio petition used a stand-in for vice-president in 1980. The Constitution Party and the Reform Party both used an independent petition in Ohio in 2000, and Ohio let both of them alter their vice-presidential nominees that year. But the Cincinnati Enquirer, the Columbus Dispatch, and the Cleveland Plain Dealer reporters did not investigate, and simply believed the Ohio elections official.

Ohio election law 3513.31(F) says, “If a person nominated by petition as an independent withdraws, the vacancy so created may be filled by a majority of the committee of five, as designated on the candidate’s nominating petition.”

Illinois Trial State Court Strikes Down Law Barring Independent Candidates if the Candidate Voted in March Primary

Posted on by August 9, 2016
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On August 9, a trial court in Illinois struck down the 2012 law that says no one can qualify as an independent if he or she had voted in a party primary in March. See this story. If any appeal is filed, it will go directly to the State Supreme Court. The case is DePoister v Effingham County Electoral Board, 2016-MR-69.