Text of Proposed California Legislative Resolution, Asking Secretary of State to Prepare Advisory Presidential Primary Ballots, Now Available

As reported earlier, California Assemblymember Kristin Olson and Senator Anthony Cannella have introduced ACR 145. The text is now available. It would ask the Legislature to resolve that the Secretary of State print an “advisory ballot” listing all presidential candidates whose names are already on the ballot of one of the already-existing presidential primaries. The ballot would be intended for the voters who don’t want to choose one of the partisan primary ballots.

This year, six parties have partisan presidential primaries in California, with a total of 43 different presidential candidates on the six ballots. Also this year, independent voters are offered a Democratic, Libertarian, and American Independent Party ballot, if they wish to use them. But independents cannot obtain a Republican, Green, or Peace & Freedom presidential primary ballot, unless they join one of those parties by May 23.

If Assemblymember Olson and Senator Cannella were serious about this idea, they would have introduced a bill, not a resolution. The proposal would be expensive, and the Secretary of State has no authority to tell county election officials to spend public funds, in the absence of a law.

North Carolina Plaintiffs in U.S. House Districting Lawsuit Argues New Plan is Unconstitutional Gerrymander

On February 29, the plaintiffs in Harris v McCrory, the North Carolina lawsuit over U.S. House district boundaries, filed this brief in Harris v McCrory, m.d., 1:13cv-949. They argue that the new districts approved by the legislature last month represent an unconstitutional gerrymander.

See especially page 30 and the following pages, where the plaintiffs remind the Court that the U.S. Supreme Court has said in the past that extreme partisan gerrymandering is unconstitutional. This is generally forgotten, because the U.S. Supreme Court has not yet invalidated any state’s districts on the grounds of partisan gerrymandering, because the Court has never agreed on an objective standard to measure it. But, this case may be the first. The legislators who drew the new districts last month openly admitted that they drew a partisan gerrymander. North Carolina has 13 districts. The Republican majority in the legislature drew districts that are virtually guaranteed to produce Republican winners in 10 of those districts. Thanks to Rick Hasen for the link.

South Dakota Now Says Parties that Want to be on for President Need 6,936 Signatures, Due July 11

On February 29, South Dakota officials said that a party that wants to be on the general election ballot for President and certain other state offices still needs 6,936 valid signatures after all, but the signatures aren’t due until July 11.

On February 26, they had seemed to say that a party that just wants to be on for President and certain other state offices does not need a petition at all. The February 26 Attorney General’s letter said, “If a new political party files a written declaration to organize pursuant to SDCL 12-5-1 by July 11, 2016, that party could nominate candidates at a state convention for the offices outlined in SDCL 12-5-21.” The semantic problem is that when they said, “written declaration”, they meant “petition.”

California Secretary of State Recognizes Reform Party as a Political Body

The California Secretary of State’s web page now lists the Reform Party as a political body. A political body is entitled to have election officials tally how many registered voters it has. The next California tally will be in April, followed by one in May, and then one in July. If any of those three tallies show that the Reform Party has as many as 60,000 members (approximately) the party will be qualified for the November 2016 ballot for President.

The Reform Party had 16,377 registrants in California in early 2014, but that number has probably declined since then.

Mississippi Still Hasn’t Asked U.S. Supreme Court to Stay Willie Wilson Decision

As of 1:30 p.m. central time, the Mississippi Secretary of State still hasn’t asked the U.S. Supreme Court to stay the decision of the Mississippi Supreme Court that put Willie Wilson on the Democratic presidential primary ballot. The Mississippi primary is March 8. The state supreme court decision came down on Thursday, February 25, and later that same day, the Secretary of State said he would appeal to the U.S. Supreme Court.

Wilson had enough valid signatures to be on the ballot, but Mississippi provides that such petitions be submitted to the political party, so Wilson submitted his signatures to the Democratic Party, which erroneously believed that the petition was not valid. Later the party realized its mistake and informed the Secretary of State, but he said it was too late to correct the error because many ballots had already been printed.

The Secretary of State has expressed publicly the idea that the Mississippi Democratic Party should reimburse the state for the extra costs associated with adding Wilson to the ballot.

Several southern states provide that candidates in partisan primaries submit declarations of candidacy and petitions to the major political party, and then the party transfers the documents to state election officials. That policy appears unwise. If the government is paying for the primary administration, it makes more sense to have candidates file with the government.