Oregon Top-Two Backers Raise $163,600 in Recent Days

According to this story in the Oregonian, wealthy individuals have contributed $163,600 toward the Oregon initiative for a top-two system. These contributions are going to the initiative that would create the same type of system now used in Washington and California. It is not going to the rival initiative that would implement a top-two system in combination with approval voting in the primary.

The Oregon initiative appears to ban write-ins in the general election, although this is not certain, because the measure is vague. The press in Oregon persists in referring to this as an “open primary”. However, “open primary” has been defined for over 100 years as a system in which each party has its own primary ballot and its own nominees, but there is no registration by party and any voter can choose any party’s primary ballot. Backers of top-two in Oregon use the label “open primary” in their advertising, even though if the measure qualifies for the ballot, it will not be described on the ballot as an “open primary.”

ACLU Voting Rights Project Assumes Responsibility for Georgia Ballot Access Lawsuit

On May 29, the American Civil Liberties Union filed paperwork with the U.S. District Court for the Northern District of Georgia, in Green Party of Georgia v Kemp. This paperwork shows that Laughlin McDonald, who has been a leader in voting rights fights since 1972, will be the lead attorney for the Green Party and the Constitution Party in this case.

McDonald has written several books, including “A Voting Rights Odyssey: Black Disenfranchisement in Georgia” and “American Indians and the Fight for Equal Voting Rights.” He became Director of the ACLU’s Voting Rights Project in 1972, and today he is the Director Emeritus and special counsel to the Voting Rights Project.

The ACLU has represented minor parties and independent candidates in ballot access litigation in many states, but this is the first time the ACLU has joined that fight in Georgia. The case challenges the Georgia procedures for getting on the ballot for President, for minor parties and independents. Those procedures are so restrictive, Georgia is one of only two states in which no group has succeeded in gathering the needed signtures since 2000. Georgia and Indiana are the only states for which that statement is true. Georgia is one of only four states in which Ralph Nader never appeared on the ballot, and one of only three states in which neither the Natural Law Party nor the Constitution Party ever placed its presidential nominee on the ballot. Georgia has had fewer presidential candidates on its general election ballot in the last 50 years than any other state.

Virginia Community College System Expands Free Speech in Outdoor Areas of 23 Campuses

On June 3, the Virginia Community College System, which includes 23 campuses, signed a consent order, greatly expanding permission for free speech activity in outdoor areas of those campuses. This is a consequence of a the federal lawsuit Parks v Members of the State Board of the Virginia Community College System, e.d., 4:14-cv-30.

The old rules, which are no longer in effect, set up “free speech zones” encompassing small parts of the campuses, and required registration four days in advance of any free speech activity. The new rules say, “Colleges may place restrictions on expressive activities occurring indoors, but especially for students and student organizations, the outdoor areas of the campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.” The new rules also say, “If individuals or organizations who are not members of the college community desire to reserve campus facilities, they must be sponsored by a recognized student organization.” The rules are thus vague about the ability of non-students to petition on campus, but clearly, if the petitioning is being conducted by a party or campaign committee that has a tie to a recognized student organization, it will be permitted.