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Reason Magazine Article on Bequests to Political Parties

Posted on February 16, 2014 by Richard WingerFebruary 16, 2014

Reason has this interesting article on its web page about the Libertarian Party’s court battle with the Federal Election Commission, over whether limits on individual contributions should apply to bequests. The party received a surprise bequest in 2007 in excess of $200,000. The FEC refused to let the estate award the money to the party at once, and required the estate to hold back the money and release it slowly over the next seven years. Whether the FEC’s rules are too restrictive is a question pending in the U.S. Court of Appeals, D.C. Circuit.

Republican Party Lawsuit Against Election Officials of Sandoval County, New Mexico, for Voter Suppression, Is Still Unresolved

Posted on February 16, 2014 by Richard WingerFebruary 16, 2014

On March 7, 2013, some Republican candidates and a Republican voter sued Sandoval County, New Mexico, election officials for voter suppression. Specifically, the lawsuit charged that the County Clerk, who is a Democrat, arranged to have so few voting machines in Rio Rancho (a Republican-leaning city in Sandoval County), that some voters had to wait in line as much as five hours.

The case, Fleming v Gutierrez, 1:13cv-222, is still undecided, almost a year after it was first filed. U.S. District Court Judge William P. Johnson, an appointee of George W. Bush, has denied all attempts by the county to have the case dismissed on procedural grounds. Officials of the Secretary of State’s office have filed affidavits saying that if the county had asked for more voting machines, they would have been furnished. However, the case is taking so long to resolve, the plaintiffs’ request that certain election outcomes from the November 2012 election be reversed seem likely to soon become moot. Some of the plaintiffs had been Republican nominees who had narrowly been defeated, and they had argued that without the voting problem, they likely would have won. For more details about the case, see here.

Utah Bill to Alter Political Party Nominations Moves Ahead

Posted on February 15, 2014 by Richard WingerFebruary 15, 2014

On February 14, the Utah Senate Business and Labor Committee unanimously passed SB 54. Currently, Utah is the only state in which no one can run in a partisan primary unless he or she has substantial support at a pre-primary party caucus. The bill requires parties to let party members cast a caucus vote even if they can’t physically be present at a caucus meeting. It also slightly eases the support needed at a caucus in order for a candidate to advance to a primary, from 35% to 30%.

Finally, the bill says that parties must let all registered voters vote in their primaries. If they don’t, then they must forego using the pre-primary caucus system entirely.

An initiative petition is circulating in Utah to eliminate the caucus system entirely. See this story about the bill. Backers of the initiative say SB 54 does not go far enough to satisfy them, and will continue circulating the petition even if the bill passes.

Link to Decision of District of Columbia Order Denying Relief to Candidate for Attorney General

Posted on February 15, 2014 by Richard WingerFebruary 15, 2014

As previously noted, on February 7 a Superior Court in Washington, D.C., refused to order the D.C. Board of Elections to put the office of Attorney General on the April 1, 2014 primary ballot, even though in 2010 the voters passed a charter amendment that said, as described on the ballot, that if passed, the voters could choose an Attorney General in 2014. Here is a link to the 7-page order in Zukerberg v D.C. Board of Elections, 2013 CA 8004B. Paul Zukerberg, who petitioned for a place on the Democratic primary ballot for Attorney General earlier this year, has appealed to the D.C. Appeals Court.

New Mexico Bill Making Some Ballot Access Improvements Passes House

Posted on February 15, 2014 by Richard WingerFebruary 15, 2014

On February 14, the New Mexico House unanimously passed HB 328, which makes some ballot access improvements: (1) it moves the petition deadline for a newly-qualifying party from April to late June; (2) it cuts the number of signatures needed for minor party nominees in mid-term years, from approximately 8,000 to approximately 6,000 for statewide office, with proportionate decreases for other office as well; (3) it provides that the petition to create a new party will be accepted if it appears on its face to have enough valid signatures, with no need to check each signature.

An identical bill, SB 125, has passed the Senate Judiciary Committee. These bills only exist because in December 2013, the Constitution Party won its lawsuit against the April petition deadline for newly-qualifying parties. Thanks to Rick Lass for this news.