Eleven Judges of Ninth Circuit Hear Oral Argument over Tucson’s Hybrid Election System

On June 21, eleven judges of the Ninth Circuit re-heard Public Integrity Alliance v City of Tucson, 15-16142. Tucson has partisan city elections. Each of the six wards has its own primary for city council. But in the general election, the entire city chooses between those nominees, plus any independent candidates who may be running. Here is a news story about the hearing. Republicans are unhappy with the system, because generally only the Democratic nominees ever win in the election itself. The voters and candidates who sued to overturn the system would prefer that each ward would choose its own councilmember in November, instead of having at-large elections.

Here is a news story about the hearing. The story does not provide any clues as to the outcome. The original Ninth Circuit panel had invalidated the system by a 2-1 vote, but then the city had prevailed in its attempt to get a rehearing en banc.

Four-Way Presidential General Election Polls

Two presidential polls were released on June 26 that include four candidates.

The ABC News/Washington Post poll is here. See question five. The results: Clinton 47%; Trump 37%; Johnson 7%; Stein 3%; other or none 4%; no opinion 3%.

The NBC News/Wall Street Journal results are provided in less detail: Clinton 39%; Trump 38%; Johnson 10%; Stein 6%; other or undecided 7%.

Nevada Green Party Petition Found Insufficient; Party May Sue for More Time

On June 22, the Nevada Secretary of State told the Green Party that its party petition only had 4,784 valid signatures. It needed 5,431.

The Nevada deadline for that petition was June 2. But back in 1992, a U.S. District Court enjoined the Nevada deadline for minor parties and independent candidates, which that year was June 10. That case was Fulani v Lau. The legislature afterwards moved the deadline to July, but over the years forgot why it had done that, and moved the deadline back to April, and then last year moved it to June 2.

Nevada is in the Ninth Circult, and in 2008 the Ninth Circuit struck down Arizona’s June 10 petition deadline for independent candidates, in Nader v Brewer, which makes the 1992 Nevada Fulani precedent even stronger now than it was back in 1992.

North Carolina Independent Candidate for State Senate Fails to Meet Signature Requirement

Eric Fink, who hoped to be the first independent candidate for North Carolina State Senate in the history of government-printed ballots, failed to have enough valid signatures. He needed 5,255 and only had 4,269 valid. North Carolina has never had an independent candidate for any statewide office on the ballot, except for Ross Perot in 1992. It has never had an independent on for U.S. House. The requirement is 4% of the number of registered voters. Thanks to Kevin Hayes for this news.