California Bill to Eliminate Special Legislative Elections

California State Senator Darrell Steinberg, the President Pro Tempore of the Senate, has introduced SCA 16. It eliminates special elections to fill legislative vacancies. Instead, the Governor could appoint someone who has the same party preference as the outgoing member. The house of the legislature that suffered the vacancy could veto the Governor’s choice if it wished.

If an independent had been elected and had resigned or died, the Governor could appoint anyone, regardless of party preference.

California State Senators have four-year terms. If a vacancy occurred in a State Senate seat in the first year of the term, the Governor’s appointment would only serve until the next general election. Thanks to Dave Kadlecek for this news.

Oklahoma State Senator Predicts National Popular Vote Plan Bill Won’t Pass Oklahoma House

According to this story, an Oklahoma State Senate leader predicted that the Oklahoma House will not pass the National Popular Vote Plan bill, even though that bill did pass the State Senate easily earlier this month. The Oklahoma Republican Party officially opposes the idea, and party leaders were apparently surprised that the bill even passed the State Senate, and mobilized against its further progress. It is interesting that Oklahoma Republican leaders seem resigned to the idea that the Democratic Party will win the 2016 presidential election.

Alabama Republicans Allow James Hall, who Tried to Run for Congress in 2013 as an Independent, to Run in This Year’s Primary

According to this article, a local Republican Party in Alabama has decided to allow James Hall to run in the June 2014 Republican primary for a seat in the legislature, even though he tried to run for Congress in November 2013 as an independent candidate. However, the story says another candidate, for county office, was denied the chance to run in the party’s primary.

Also, see this story, from another Alabama county, describing another instance of the Republican Party barring a candidate from its primary for county office.

Third Circuit Sets Oral Argument in Pennsylvania Minor Party Lawsuit Against Challenge/Court Costs System

The Third Circuit will hear Constitution Party of Pennsylvania v Aichele on March 4, Tuesday, at 1 p.m., in Philadelphia. The Courthouse is at 6th and Market Streets, and the courtroom is on the 19th floor. The issue is whether Pennsylvania’s unique petition challenge system, which subjects petitioning groups to court costs of as much as $110,000 if their statewide petition doesn’t have enough valid signatures, is constitutional. The lower court had ruled that the Constitution, Green, and Libertarian Parties don’t have standing, even though in 2012 both the Constitution and Libertarian Party statewide petitions were challenged.

The three judges are Jane Roth, Kent Jordan, and Thomas Ambro. All three happen to be from Delaware. The Third Circuit covers Pennsylvania, New Jersey, and Delaware.

California Ballot Access Improvement Bill Introduced

On February 21, California Assemblymember Richard Gordon introduced AB 2351, to ease the definition of “political party” to a group that has registration membership of one-third of 1% of the state total. That would be approximately 60,000 registered members. Existing law requires registration of 1% of the last gubernatorial vote, which is currently 103,004, but which will probably rise to approximately 110,000 in November 2014. Thanks to C. T. Weber for this news. UPDATE: here is a link to the text of the bill.

The existing law also says a qualified party is one that polled 2% of the vote for any statewide race in the last midterm election, and that is the provision in the existing law that generally is used to keep minor parties on the ballot. But that part of the law doesn’t work any longer, because minor party statewide candidates realistically can’t hope to appear on the November ballot any longer, because of Proposition 14, the top-two system. Another part of AB 2351 moves the 2% vote test from the general election to the primary election.