Ralph Nader Boosts National Popular Vote Plan

Posted on by December 20, 2015
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Journalist Abby Martin interviewed Ralph Nader recently. Here is a link to the 25-minute filmed interview. At the nine minute mark, Nader explains the National Popular Vote Plan and says the public should be more aware that the plan is more than halfway toward being implemented. Nader had previously endorsed the plan, but the plan hasn’t had much publicity during 2015.

Later on in the interview, Nader says, “I don’t think Donald Trump is going to be the Republican nominee.” Thanks to Paullie for the link.

Bernie Sanders Gains Quick Relief After Suing Democratic National Committee

Posted on by December 19, 2015
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On Friday, December 18, the Bernie Sanders campaign filed a federal lawsuit against the Democratic National Committee, charging that the party was in breach of contract for cutting off the campaign’s access to the party’s voter list. On the evening of December 18, the party said it would restore Sanders’ access to its voter list. The case is Bernie 2016, Inc. v DNC Services Corporation, d/b/a/ Democratic National Committee, 1:15cv-2211. The case had been filed in U.S. District Court in Washington, D.C., and is assigned to Judge Tanya Chutkan, an Obama appointee. Sanders has not dismissed his lawsuit.

Sanders’ Complaint quotes the agreement between the party and the campaign: “Either party may terminate this Agreement in the event that the other party breaches this Agreement; the non-breaching party sends written notice to the breaching party describing the breach; and the breaching party does not cure the breach to the satisfaction of the non-breaching party within 10 days following its receipt of such notice.”

Sanders argues the party violated the agreement by cutting off his access immediately, instead of waiting 10 days. The party had curtailed his access because some employees of the Sanders campaign had discovered a method to briefly see some voter files that the Clinton campaign had sent to the party. Thanks to Rick Hasen for the link to the Complaint.

Briefing Schedule Set for One Lawsuit on General Election Presidential Debates

Posted on by December 19, 2015
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Two lawsuits are pending that relate to who can be invited into the general election presidential debates. The case that was filed first, Level the Playing Field v FEC, 1:15cv-1397, now has a briefing schedule in the U.S. District Court in D.C. The first brief is due March 6, 2016, and the final brief is due June 15. This case had been filed on August 26, 2015.

Proposed Arizona Top-Two Initiative Hasn’t been Drafted Yet, and Backers Aren’t Sure Exactly What They Will Propose

Posted on by December 18, 2015
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Arizona voters defeated an initiative for a top-two system in 2012, by a margin slightly greater than 2:1. It has been reported for some months that the backers of that initiative would try again in 2016. However, the proposed new initiative has not yet been drafted. According to this story, the backers aren’t sure they even will get it on the 2016 ballot.

Also, former Phoenix Mayor Paul Johnson, the chief backer, is not certain what system he will put on the ballot. Initially he had said it would be to provide for non-partisan elections for Congress and state office, but no decision about that has been made. It is possible that the initiative will instead make it easier for independent candidates to get on the general election ballot. Currently, Arizona requires more signatures for independent candidates for Governor and U.S. Senator to get on the ballot than any other states except Texas, North Carolina, Georgia, and Maryland. The petition requirements in Georgia and Maryland are currently under legal challenge.

Michigan Legislature Repeals Straight-Ticket Device

Posted on by December 25, 2015
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On December 16, the Michigan legislature passed SB 13, which eliminates the straight-ticket device. See this story.

The Michigan legislature also repealed the device in late 2001, but then the Democratic Party put a referendum on the ballot, and in November 2002 the voters voted to keep the device. That bill, SB 173, also made changes to the law concerning provisional ballots and voter registration. The voters had to either reject the entire bill or approve of it, so it is not clear that a majority of the 2002 voters really liked the device, or whether they voted against the bill because of its other provisions. UPDATE: SB 13 has an appropriation inside it, so the bill can’t be subject to a referendum petition.

Straight-ticket devices are very harmful to independent candidates. The bill hasn’t been signed yet, but Governor Rick Snyder is a Republican, so he will probably sign it. The other states with the device are Alabama, Indiana, Iowa, Kentucky, Oklahoma, Pennsylvania, South Carolina, Texas, and Utah.