Law Professor Eric Fink Will Try to be First Independent Candidate for State Senate in North Carolina History

No independent candidate for North Carolina State Senate has ever managed to qualify for a government-printed ballot. On April 20, Law Professor Eric Fink said he will try to obtain the signtures needed to run for State Senate. See this story.

The original 1915 North Carolina petition requirement for independent candidates was 10% of the last vote cast. In 1935 it was raised to 25% of the last vote cast. In 1973 the legislature lowered it to 10% of the last vote cast. In 1980 the 10% requirement was struck down, so the legislature lowered it to 2% of the number of registered voters for statewide office, but raised it to 10% of the number of registered voters for district office. In 1991 a U.S. District Court struck down the 10% for district office, in Obie v North Carolina State Board of Elections, 762 F Supp 119.

The legislature then set the district independent petition at 4% of the number of registered voters. Fink will need approximately 5,000 valid signatures. Thanks to Rick Kissell for the link.

Working Families Party Fails to Win another State Legislator in New York

On April 19, New York held several special legislative elections, including the 65th Assembly race, where the Democratic and Working Families Parties each had a strong nominee. The Democrat, Alice Cancel, beat the Working Families nominee, Yuh-Line Niou, 7,284 to 6,250. See the unofficial returns. Choose the “contest” box and flip it from president to legislature, in order to see the legislative returns.

U.S. Supreme Court Upholds Arizona Legislative District Boundaries

On April 20, the U.S. Supreme Court upheld Arizona’s legislative district boundaries. Harris v Arizona Independent Redistricting Commission, 14-232. The decision is unanimous and is written by Justice Stephen Breyer. Harris v Arizona Independent Redistricting Commission. Here is the decision.

The boundaries had been drawn by an independent redistricting commission. Arizona Republican office-holders are generally critical of the Independent Redistricting Commission, and had filed the lawsuit. They argued that the 2011 legislative plan should have created districts with greater equality of population, but the U.S. Supreme Court said 10% deviation for legislative districts is constitutional, as long as there appears no obvious partisan motive for the population deviation. Thanks to Rick Hasen for this news and the link.

California Senate Elections Committee Passes Bill to Let General Law Cities Use Instant Runoff Voting

On April 19, the California Senate Elections Committee passed SB 1288, which lets all California cities use instant runoff voting for their own city elections if they wish. Currently, only charter cities have that freedom. The bill received “Aye” votes from three Democrats on the Committee, Ben Allen, Loni Hancock, and Robert Hertzberg. The lone Republican member, Joel Anderson, voted “No”, and the remaining Democrat, Carol Liu, did not vote even though she was present. In California, legislators who abstain have the same effect as if they had voted “No.”

SB 1288 now goes to the Senate Appropriations Committee. The bill is sponsored by Senator Mark Leno.