Ninth Circuit Will Rehear Lawsuit over how Tucson Elects City Councilmembers

On April 27, the Ninth Circuit said it will rehear Public Integrity Alliance v City of Tucson, 15-16142. On November 10, 2015, the original 3-judge panel on the Ninth Circuit had voted 2-1 that Tucson’s method violates the U.S. Constitution. The method is to have partisan primaries within each ward, but then in the general election, all the party nominees chosen in the district primaries run citywide. Persons associated with the Republican Party had filed this lawsuit, because the system usually results in wins for all the Democratic nominees in November.

The Ninth Circuit will hear the case en banc. No other circuit grants rehearings as frequently as the Ninth Circuit.

Tucson’s city attorney has probably spent more time defending his city’s method of electing city councilmembers than any other city attorney in the United States. A few years ago he had to fight off a law that the legislature passed, mandating that all cities in Arizona use non-partisan elections for city office. Thanks to Rick Hasen for the news.

Maine Governor Vetoes Bill to Add $2,500,000 to Public Funding Program

Maine has public funding for candidates for state office. The fund is running out of money. On April 12, the legislature passed LD 1579, a bill putting $2,500,000 into the fund. But on April 25, Governor Paul LePage vetoed the bill. The bill had passed the Senate 26-9, and the House 81-65. It is not clear if the legislature will override the veto.

Vermont Governor Signs to Bill to Automatically Register Every Adult Citizen Known to Exist in the State

On April 28, Vermont Governor Peter Shumlin signed HB 458. It automatically registers every adult citizen known to live in Vermont. Persons who are signed up automatically are notified, and then given a choice to de-register if they wish.

Vermont does not have registration by party, so there is no problem with determining whether such voters want to choose to enroll in a party. The bill takes effect July 1, 2017. Other states with automatic registration are Oregon, Colorado, and California.

Oklahoma Bill, Lowering Vote Test from 10% to 2.5%, Passes Legislature

On April 28, the Oklahoma Senate again passed SB 896, the bill that lowers the vote test for a party to remain on the ballot from 10% to 2.5%. The vote was 26-14. The bill had already passed the Senate in March, and then it had passed the House. But the House had amended the effective date, so the bill needed another vote in the Senate to agree to the amendment. Assuming the Governor signs it, the only states that will still have vote tests of 10% are New Jersey and Virginia. Two other states, Alabama and Pennsylvania, have even higher tests. But the other 46 states will be at 5% or less.

All of the “No” votes were Republicans, except that one Democrat, Senator Kevin Matthews, also voted “No.” The bill takes effect November 1, 2016.

In 2012, the Libertarian Party polled over 2.5% for President in New Mexico and Montana, and polled 2.48% in Alaska. It is difficult for any third party to poll as much as 2.5% for President, but not out of the question, especially in 2016, with so much voter discontent for the likely major party nominees. Thanks to E. Zachary Knight for this news.

Looking back in history, if the 2.5% had existed in the law instead of the actual vote test (which was 5% 1913-1974 and 10% afterwards), the change would not have made any difference in any election more recent than 1934, when the Socialist Party got 2.66% for Governor. The Reform Party got 10.84% in 1996 and 1.21% in 1998. The American Party got 2.30% for President in 1972, and 20.32% in 1968. The change would also have made a difference in 1924, when the Progressive Party got 7.79%.

Larry Klayman Sues Republican Party Because Florida Delegates Are Not Bound to Donald Trump After Third Ballot

Courthouse News Service has an article about a lawsuit filed on April 27 by Larry Klayman. The lawsuit, filed in Florida state court, is difficult to understand from this article. Klayman seems to be arguing that the Florida Republican Party delegates to Cincinnati must vote for Donald Trump on all ballots, not just the first three ballots.