On February 8, attorneys for North Carolina asked the 3-judge court to stay its own ruling of February 5, 2016. That February 5 ruling had struck down North Carolina’s U.S. House district boundaries and had ordered the legislature to redraw the districts by February 19. The Court said it would redraw the districts if the legislature didn’t act. Thanks to Rick Hasen for the link.
On February 3, Jane Miller sued some Connecticut local election officials, and some local Republican Party officers, because they expelled her from the Republican Party on April 20, 2015. Without her consent, they changed her voter registration from “Republican” to “independent”, on the grounds that in 2013, she had accepted a Democratic Party nomination to run for a local office. Miller v Dunkerton, 3:16cv-174.
She has not been a registered Democrat at any time since 2003, and it is possible she has never been a registered Democrat at all, although her complaint is vague about that. She registered Republican in 2003 and remained a Republican until July 24, 2013, when she switched to independent to make herself eligible to be a Democratic nominee. She switched back to being a registered Republican in December 2013, but her party membership was revoked on April 20, 2015. If she doesn’t win her lawsuit, she won’t be able to vote in the Republican presidential primary being held April 26, 2016.
Sections 9-60 through 9-63 in the Connecticut election law set forth procedures for parties to expel party members. A hearing is held, and the local registrar of voters, together with local party officers, then determine if the individual has a bona fide intent to be a party member and if the individual really supports the principles of that party.
Miller charges that the disaffiliation law is unconstitutional on its face and also as applied to her situation. However, she did not sue any state officials, which makes it difficult for the court to reach a determination of the law’s constitutionality. One of Miller’s attorneys is Susan Bysiewicz, a former Secretary of State of Connecticut.
If Miller wins her case, and the decision says that voters have a constitutional right to a free choice of which party to join, that could be useful against states such as New Hampshire, Maine, Maryland, Kansas, and Nebraska, which refuse to let voters remain as members of parties once those parties go off the ballot.
Washington state election law provides for a petition in lieu of filing fee, but it can only be used by candidates who allege they cannot afford the filing fee. The House State Government Committee is sponsoring HB 2477. It says that any candidate may choose to submit a petition instead of paying the filing fee. Also, it says if the number of valid signatures turns out to be not enough, but is at least 95% of the requirement, then the petition can still be used to pay the bulk of the filing fee, with a proportional small fee to complete the process. Thanks to Martin Westerman for this news.
On Tuesday, February 9, the Elections Subcommittee of the Virginia House Privileges & Elections Committee will hear HB 82. The bill changes the definition of a party, from a group that polled 10% for any statewide race at either of the last two elections, to one that polled 5% for any statewide race at either of the last two elections. Thanks to Nicholas Cote for this information.
On Monday, February 8, the New York State Senate Elections Committee will hear SB 6604. It moves the congressional and legislative primaries to the third Tuesday in August. It also moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August 23 to July 26.
This is a rival bill to AB 9108, which moves the petition deadlines to June 7, and which moves the primary to late June. AB 9108 has already passed the Assembly. SB 6604 is sponsored by Senator Frederick J. Akshar (R-Binghampton).
