Link to Oral Argument in Arizona Voter Registration Case

Posted on by February 11, 2015
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As already noted, on January 29, the Ninth Circuit heard 35 minutes of oral argument in Arizona Libertarian Party v Bennett, 13-16254. The issue is the Arizona paper voter registration form, that lists only the two largest parties and gives each of them a checkbox. Anyone who wishes to register into any other party, even though it is qualified, must write-in the choice in the “other” box. Before 2011, the part of the form asking about choice of party just had a blank line.

Here is a link to the oral argument, from the Ninth Circuit’s web page. The attorney for the government seemed to contradict himself when, on the one hand, he argued that forcing applicants to write-in the names of some parties is a very minor burden; but on the other hand he quoted from a U.S. Supreme Court opinion Timmons v Twin Cities Area New Party which said that states have an interest in a “healthy” two-party system and they can write laws that discriminate against other parties.

Vermont Bill to Hold Presidential Primary on Same Day as New Hampshire Presidential Primary

Posted on by February 11, 2015
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Vermont Senator Anthony Pollina (Progressive-North Middlesex) has introduced SB 76, which would move the Vermont presidential primary from March to whatever day New Hampshire holds its presidential primary. New Hampshire law says that the New Hampshire presidential primary must be earlier than any other state’s presidential primary.

Vermont requires 1,000 signatures for candidates to get on the presidential primary ballot. However, New Hampshire does not require petitions for presidential primary candidates, and lets anyone on the presidential primary ballot who pays a filing fee of $1,000. If the Vermont legislature wishes to pass SB 76, the legislature would be wise to abolish the petition, because it takes time to process petitions. New Hampshire is able to administer its presidential primary very quickly after the state settles on a date, and part of the reason New Hampshire is so flexible is that it doesn’t require petitions. Thanks to Josh Putnam for this news.

Texas Bill to Move Presidential Primary, and Primary for all Other Office, from March to January

Posted on by February 11, 2015
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Texas Representative Lyle Larson (R-San Antonio) has introduced HB 1214, to move the Texas primary for president and all other office from March to January. No state in U.S. history has ever had its congressional primary so early as January.

Because Texas links its petition deadlines for new parties and non-presidential independents to the date of the primary, if this bill passed, non-presidential independent candidates would need to submit their petition by April 21. Newly-qualifying parties would be required to submit their petitions by April 10. Newly-qualifying parties would also be required to tell the Secretary of State of their intention to petition no later than October of the year before the election, and non-presidential independent candidates would need to file a declaration of candidacy in October of the year before the election as well. Thanks to Jim Riley for this news.

Independent Voter Project Again Arranges for Hawaii Vacation for California State Legislators

Posted on by February 11, 2015
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The Independent Voter Project, which intervenes in court every time the California top-two system is challenged, and which even intervened in two cases on the write-in ban, facilitates a Hawaiian vacation for some California legislators once per year. Generally, the San Diego Reader then finds out about it, when the expense records are made public, and carries a story about it. Here is the story the San Diego Reader carried on February 11, relating to last year’s event.