Samoan Citizenship Case Cert Petition Filed with the U.S. Supreme Court

Posted on by February 1, 2016
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On February 1, this cert petition was filed in the U.S. Supreme Court in Tuaua v U.S.A., the case over whether persons born in American Samoa should be considered U.S. citizens as a matter of constitutional law. The lower federal courts in Washington, D.C., had ruled that the 14th amendment does not guarantee automatic citizenship for persons born in U.S. territories. Persons born in the other U.S. territories are citizens, but that is because Congress passed a law saying they are. But Congress has never done that for persons born in American Samoa. Thanks to HowAppealing for the link.

California Registration Tally Expected on Friday, February 5

Posted on by February 1, 2016
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The California Secretary of State expects to release the January 2016 registration tally on Friday, February 5. This tally has legal significance because it reveals whether any new parties have qualified. However, it seems obvious that no new parties have qualified. There is a second California registration deadline, on July 11, for parties that just want to be qualified in 2016 for purposes of placing a presidential nominee on the November ballot. Any new parties that meet that July 11 deadline would also be qualified for the 2018 election.

The March 1, 2016 print issue of Ballot Access News will have a chart, showing the number of registered voters in each state, in each party.

The Secretary of State’s January 2016 tally won’t include any data for the Independent Party, which applied in March 2015 to obtain a tally. The Secretary of State refuses to ask the counties to tally the number of registered voters in the Independent Party, because the Secretary says the name is too similar to the name of the American Independent Party. However, the Secretary of State let Americans Elect qualify as a party in 2011, and has permitted the Independent California Party to ask for a tally.

The Secretary of State’s January 2016 tally won’t include the Reform Party tally either, because the Reform Party didn’t ask by the January 4, 2016 deadline, although it has since asked to be tallied. After the January tally, the next tally will be in April 2016.

Utah Legislature Won’t Act to Resolve Confusion about Party Nominations, but Will Let Courts Decide

Posted on by February 1, 2016
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According to this story, the Utah legislature does not plan any activity to straighten out the confusion in Utah’s law on how qualified parties nominate candidates. Instead the legislature will let the federal and state courts resolve the issues.

The state and the Republican Party have agreed to ask the Utah Supreme Court to settle whether the existing law (which is not clear) permits the Republican Party provide that the only way for a candidate to get on its primary ballot is for that candidate to show support at a party caucus. The question won’t be sent over to the Utah Supreme Court until February 4, after the U.S. District Court holds a status conference. At the status conference, the question of whether the Democratic Party may intervene in the federal case should also be settled. And the federal court will determine what role it should play during the period when the Utah Supreme Court is answering the question. Thanks to Rick Hasen for the link.

New Mexico Bill for a Semi-Closed Primary Passes First Committee Hurdle

Posted on by January 30, 2016
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On Saturday, January 30, New Mexico HJR 12 passed the House Committee on Government, Elections, and Indian Affairs. See this story. It would amend the state Constitution to require parties to let independent voters vote in primaries. The bill now moves to the House Judiciary Committee. It will probably be amended. New Mexico has two tiers of qualified parties, large parties that nominate by primary, and small parties that nominate by convention. As worded, the legislation would appear to let minor party registrants vote in major party primaries.

Virginia Republican Party Drops Sign-in Statement for Voters Voting in its Presidential Primary

Posted on by January 30, 2016
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On Saturday, January 30, the Virginia Republican Party said it no longer wants polling place officials to ask voters who want a Republican presidential primary to sign that they consider themselves members of the party. See this story. Because the primary is only a month away, and some absentee ballots have already been cast with the sign-in requirement in place, the news seems surprising.