Arizona Attorney General Says Voters Who Registered Using the Federal Form Can’t Vote in State and Local Elections

On October 7, Arizona Attorney General Thomas C. Horne, a Republican, ruled that voters who registered to vote with the federal voter registration form are not entitled to vote in state or local elections. Furthermore, they are not entitled to sign ballot measure petitions, nor candidate petitions (unless the candidates are running for Congress or President). The Opinion does not say if such voters can sign a petition to recognize a new party.

The obvious flaw with the Opinion is that there is no Arizona election law that says there should be two separate lists of registered voters, one entitled to vote in all elections, and another to vote only in federal elections. If the Attorney General had ruled that the U.S. Constitution does not prohibit the legislature from establishing two separate lists, that Opinion might stand (although courts have invalidated such dual lists in other states, based on state constitutional guarantees that elections be “free and equal”). But it seems unlikely that courts would agree that the Attorney General himself, by this opinion, can now tell elections officials to establish two separate lists of registered voters.

The federal form has existed for twenty years.

Ohio ACLU Will Testify on Ballot Access in Ohio Senate Committee on October 8

The ACLU in many states has been a strong proponent of tolerant ballot access for minor parties and independent candidates. The ACLU litigates on behalf of ballot access, and to a somewhat lesser extent lobbies for better ballot access. However, the ACLU has not handled any minor party or independent ballot access constitutional lawsuits in Ohio during the last 30 years, nor has it been active lobbying in the Ohio legislature on this issue in the past few decades.

However, the Ohio ACLU will send a representative to the October 8 hearing in the State Senate Committee on Government Oversight and Reform, when that committee again hears SB 193. The ACLU representative is expected to testify that changing the ballot access requirements at this point in the 2014 petitioning cycle violates fairness and due process. Thanks to Kevin Knedler for this news.

David Lory VanDerBeek, Who Polled over 5% for U.S. Senate in Nevada in 2012, Will Run for Governor in 2014

David Lory VanDerBeek has announced his gubernatorial candidacy for the Nevada 2014 election as the Independent American (Constitution) Party candidate. He is one of only three Constitution Party U.S. Senate candidates who ever got as much as 5% of the vote. In 2012 he received 5.12%. The only other two Constitution Party nominees for U.S. Senate in the party’s history who topped 5% were Scott Bradley in Utah in 2010, who got 5.67%, and Joseph Slovenec in Ohio in 1994, who got 7.33%.