Republican Party of Nevada Asks U.S. Supreme Court to Expand Standing in Election Law Cases

On October 7, the Republican Party of Nevada asked the U.S. Supreme Court to reverse the Ninth Circuit decision in Townley v State of Nevada, 722 F.3d 1128 (July 10, 2013). The Ninth Circuit decision said that the Republican Party of Nevada, and some of its candidates for presidential elector, did not have standing to challenge Nevada’s election law concerning “None of these candidates.” The case also included some voters who said they wanted to vote for “None of these candidates” in future elections, but they were told they don’t have standing either.

The Republican Party and some of its candidates for presidential elector had argued that voters who vote for “None of these candidates” are being discriminated against, because if their choice wins, nothing happens. Therefore, the state is giving less power to a voter who votes for “None” than is given to voters who vote for a candidate. The Ninth Circuit ruled that neither the party, nor its candidates, nor the voter-plaintiffs, have standing.

If the U.S. Supreme Court accepts the case, that Court would be expected to issue an opinion about standing, not about the merits of “None of these candidates.” If the Court ruled that the party and its candidates do have standing, the case would be sent back to the lower courts to decide the merits.

Nevada has printed “None of these candidates” on primary and general election ballots starting in 1976. “None of these candidates” is only printed on the ballot for statewide offices, however, not district or local offices. In the U.S. Supreme Court, the case is called Republican Party of Nevada v Miller, 13-442.

Minneapolis Neighborhood Newspaper Analyzes Ranked-Choice Voting in Context of November 2013 Mayoral Race

Minneapolis is electing a Mayor on November 5, 2013, using ranked-choice voting. Because no incumbent is running, and because ballot access is so easy (no petition, just a $20 fee), there are 35 candidates. The ranked-choice system only lets voters rank three candidates. This thoughtful article in the Southside Pride, a monthly neighborhood newspaper, discusses some of the problems with this year’s mayoral election.

Connecticut Secretary of State Appears to Contradict Herself on Ballot Access in 2013 Town Elections

According to this story, Connecticut Secretary of State Denise Merrill has said she approves of two recent state court opinions, but the two opinions do not agree with each other. A new law requires candidates nominated in convention to sign a statement that they accept the nomination. But the law was not publicized, and it has been responsible for eliminating local minor parties from the ballot in several towns this year. Connecticut holds local partisan elections on November 5, 2013.

One state court ruled that due process was violated when the convention nominees were not informed of their need to sign the new form, and put the candidates on the ballot anyway. Another state court, in a lawsuit involving a different town, came to the opposite conclusion.

Ohio Senate Passes Bill, Removing Four Minor Parties from 2014 Ballot, on Almost Party-Line Vote

On October 8, the Ohio Senate Government Oversight and Reform Committee passed SB 193 by a vote of 7-4. They voted after a hearing that last two hours and fifteen minutes.

Shortly afterwards, the bill passed the Senate by a vote of 23-11. The vote in the Senate was almost a pure party line vote, with all Republicans voting in favor and all Democrats voting against, except that Republican Senator Kevin Bacon voted against the bill. The bill removes the Constitution, Green, Libertarian, and Socialist Parties from the 2014 ballot. Those four parties were on the ballot in all elections 2008-2013. The bill removes them because none of them polled as much as 3% for either President or Governor in either of the last two elections. In 2010, the Libertarian Party had polled 2.39% for Governor and the Green Party had polled 1.52% for Governor. The other two minor parties had not run for Governor in 2010, although they did run for U.S. Senate in 2010.

The bill requires parties to obtain 55,809 valid signatures by the beginning of July 2014 if they wish to be on the ballot in 2014. It also requires each of their nominees to obtain their own petitions, but none of these nominee petitions would be greater than 50 signatures. The statewide petition would also have a distribution requirement, and would need at least 500 valid signatures in each of half the U.S. House districts.

The bill now goes to the House. Because the bill has an urgency clause, it cannot pass unless it obtains 60% of the members of the House. The House has 60 Republicans and 39 Democrats, so if all Democrats oppose the bill, and even one Republican opposes the bill, the bill will not pass, unless the urgency clause is removed from the bill. The House vote could come as soon as Thursday, October 10.

The Democrats on the committee moved to amend the bill so that only 2,000 signatures, instead of 55,809, would be required on the party petition. The amendment lost, 4-7, with Senator Bacon the only Republican in support of the amendment. UPDATE: here is the Columbus Dispatch article about the bill.

U.S. Supreme Court Hears McCutcheon v Federal Election Commission

On October 8, the U.S. Supreme Court heard McCutcheon v Federal Election Commission, a campaign finance case. Here is one article about the hearing. The gist of this article, and a few others, seems to be that the Court is likely to strike down the limit that restricts an individual from donating to more than fifteen congressional candidates, if he or she is giving the maximum $2,600 to each candidate.

UPDATE: here is the transcript of the hearing. Thanks to Rick Hasen for the link.