Virginia Local Republican Committee Loses Lawsuit Over Method of Nomination

On April 2, U.S. District Court Judge Elizabeth K. Dillon ruled against the Virginia Republican 24th Senatorial District Committee, in its lawsuit that sought the right to nominate by convention this year, instead of by primary. Virginia law says normally a qualified party can decide whether to nominate by primary or convention. But when the party has an incumbent who is running for re-election, he or she can override the party’s wishes and determine the nomination method.

The local party committee that filed the lawsuit wants to use a convention, but the incumbent State Senator wants a primary. The decision does not reach the merits of the dispute. Instead, it finds that the state party rules themselves do not give the local committees the right to challenge the state law. The state party rules say, “The Legislative District Committee shall determine whether candidates for Legislative District public office shall be nominated by Mass Meeting, Party Canvass, Convention or Primary, where permitted to do so under Virginia law.” The existence of those last eight words, according to the ruling, means that the state party wants the local parties to follow state law. Therefore, the state party presumably does not want the legislative district committees to challenge state law.

The decision also points out that the state Republican Party did not intervene in this lawsuit to suggest that its rules mean anything different. The case is Adams v Alcorn, w.d., 5:15cv-12.

California Bill to Raise Filing Fee to File a Proposed Initiative from $200 to $8,000

California law requires proponents of a statewide initiative to pay $200 to the state to begin the process. After receipt of the fee, the state writes a proposed description of the idea, which is then printed on initiative petitions by the proponents. Assemblymembers Evan Low (D-Campbell) and Richard Bloom (D-Santa Monica) have introduced AB 1100. It raises the fee to $8,000.

A better idea might be to require proponents to file a list of perhaps 250 registered voters who would indicate that they represent the group behind the idea. Here is a press release from the co-authors, saying that they introduced the bill because recently an individual filed the “Sodomite Suppression Act”, calling for execution of anyone who engages in same-sex behavior.

The press release refers to California as the “cradle of direct democracy”, but there is no objective basis in history for that claim. South Dakota and Switzerland are the originators of the initiative. Thanks to Dave Kadlecek for this news.

U.S. Newspapers Appear Not to Report 7-Party British Debate

Although British press coverage of the 7-party debate on April 2 has been extensive, no U.S. news outlet seems to have covered the event. If anyone finds a link to a U.S. newspaper that does mention the debate, please comment. UPDATE: Gene Armistead sent me this link, by the Associated Press, but it appears to have been written minutes before the debate started, instead of afterwards. The story switches tenses throughout, between what happened and what is expected to happen.

UPDATE: here is a link to the 2-hour debate, from Green Party Watch.

Here is a BBC news story on the aftermath of the debate, with quotations from leaders of all seven parties on their reactions to the debate.

Ninth Circuit Upholds California Law Requiring Proponent of a Local Initiative to be Named on the Petition

On April 3, the Ninth Circuit upheld a California law that says local initiative sponsors must have their name on the initiative petition. The April 3 decision is from an en banc panel. The original 3-judge panel last year had struck down that law by a 2-1 vote. Chula Vista Citizens for Jobs v Norris, 12-55726. The plaintiff had argued that his privacy was violated by having his name on the petition. Here is the decision. Thanks to How Appealing for the link.

Maine Bill to Let Independent Voters Vote in a Partisan Primary

On March 5, Maine State Senator Roger Katz (R-Augusta) introduced LD 744, to let independent voters vote in any party’s primary ballot. The bill has nine co-sponsors and is pending in the Joint Committee on Veterans and Legal Affairs. Here is a copy of the bill, which is only three sentences long. The bill does not say that independent voters can sign a petition to get a candidate on a primary ballot.

Other states that tell parties they must let independents vote in their primaries, even if those independents don’t join the party on primary day, include Arizona, Massachusetts, and Nebraska. Currently, any Maine voter can join a qualified party on primary election day and vote in its primary. Thanks to Thomas MacMillan for the news.