Top-Two Initiative Qualifies for Oregon 2014 Ballot

The Oregon Secretary of State says the initiative petition for a top-two system is valid, and the measure will appear on the November 2014 ballot. This article says that proponents have already raised $547,300, although they have spent most of it on paid circulators.

Proponents’ slogan seems to be that the initiative treats all voters equally, a claim that is not true. If the top-two measure is passed, based on how it works in California and Washington, registered Democrats will almost always be able to vote for a member of their party in November. In most elections, Republicans will also. But members of minor parties won’t be able to vote for members of their party in November. Thus the idea doesn’t treat all voters equally. Almost 7% of Oregon’s voters are members of minor parties.

Illinois Green Party Files Lawsuit Over Petition Hurdles

On July 15, the Illinois Green Party and its statewide slate of candidates filed a federal lawsuit against three aspects of Illinois petitioning for unqualified parties. The case challenges the process when a petition is challenged. As in Pennsylvania, the process requires the petitioning group to produce a dozen or so individuals who are expected to defend individual signatures at the office of the State Board of Elections, all day long, typically for a full work week. The Complaint points out that when the major parties challenge minor party petitions, typically the major party challengers are financially able to pay individuals to do that work. The case is Summers v Smart, 1:14cv-5398. The case was assigned to U.S. District Court Judge John J. Tharp, Jr., who has a good record on ballot access. He wrote the decision in Jones v McGuffage, 921 F Supp 2d 888 (2013), which said Illinois had to reduce the number of signatures needed in special elections, when the petitioning period is shorter.

The case also challenges the unique Illinois law that requires newly-qualifying parties to run a full slate of candidates, even though Illinois does not require ballot-qualified parties to run a full slate. The Complaint points out that for a statewide slate, that requires the party to run a qualified attorney for Attorney General, and that this year, the Illinois Green Party’s preparations for the petition drive had to wait until the party had found such an individual. Finally, the case challenges the law requiring each petition sheet to be notarized. The Complaint notes that when challengers list the signatures they believe are invalid, their work doesn’t need to be notarized.

California Seeks Rehearing In Case on Whether Initiative Proponents Must be Listed on Petitions

On June 30, California election officials asked the Ninth Circuit to reconsider Chula Vista Citizens v Norris, 12-55726. This is the case over the state law that says local initiative petition sheets must contain the name of the people who are proposing the initiative. The June 16 decision had invalidated the law. The Ninth Circuit hasn’t decided yet whether to rehear the case.

Mississippi Poll Shows 66% Want to Retain Open Primary

On July 15, Public Policy Polling released this Mississippi poll. It shows that 66% of respondents want to retain the open primary that Mississippi has always had. It also asks about the U.S. Senate race, and includes all three candidates on the November ballot.

Assuming the Republican nominee is Thad Cochran, the results are: Cochan 40%, Democrat Travis Childers 24%, Reform Party nominee Shawn O’Hara 5%, undecided 31%.

If the Republican run-off primary results are overturned and Chris McDaniel becomes the Republican nominee, the results are: Childers 37%, McDaniel 36%, O’Hara 4%, undecided 23%.

Only twice before has a minor party nominee polled as much as 4% for U.S. Senate in Mississippi: (1) in 1918 the Socialist Party nominee polled 4.96%; (2) in 2002, the Reform Party nominee, who was also Shawn O’Hara and who was the only opponent of Senator Cochran, polled 15.42%. Thanks to Political Wire for the link.

Chris McDaniel Asks Mississippi Supreme Court to Provide Access to Primary Election Records

According to this story, Chris McDaniel, who lost the Mississippi Republican run-off for U.S. Senate last month, has asked the Mississippi Supreme Court to order certain county election officials to provide all records from that primary. McDaniel believes that the number of voters who voted in the Democratic primary, and then the Republican run-off primary, is greater than the margin of victory by which he lost. Mississippi law forbids voters from voting in the run-off primary of one party if they had voted earlier that year in the primary of another party.

McDaniel also has a federal lawsuit, but that case has been delayed, first because it was filed in the wrong U.S. District Court, and then after it was filed in the correct U.S. District Court, the new judge recused himself because he is a friend of Senator Thad Cochran, the opponent of McDaniel.

The case in the State Supreme Court is In re: Chris McDaniel, 2014-M-967.