New York City Bill for Instant-Runoff Voting in Citywide Primaries

Since June 2013, a bill has been pending in the New York city council to provide for ranked-choice voting in primaries for citywide office. The bill, 1066-2013, has ten sponsors. Because the bill hasn’t passed yet, New York city must hold a run-off Democratic primary on October 1 for Public Advocate, because no one got as much as 40% of the vote on September 16. The two candidates will be Daniel Squadron and city council member Letitia James. James is one of the co-sponsors of the bill.

It is conceivable that the October 1 Democratic run-off primary ballot will also include a Mayoral run-off. Even though William Thompson conceded to Bill de Blasio, his concession has no legal effect. If the final tally shows that de Blasio didn’t quite get 40%, the Mayoral run-off must be held. The count so far shows de Blasio at 40.88%, but not all absentee ballots have been counted.

Lawsuit Filed to Overturn New Ohio Ban on Out-of-State Circulators

On September 20, several organizations filed a federal lawsuit against the new Ohio law that makes it illegal for out-of-state circulators to work in Ohio. The case is Citizens in Charge v Husted, southern district, 13cv-935.

In 2008, the Sixth Circuit had struck down Ohio’s ban on out-of-state circulators, in a case filed by Ralph Nader. Ohio election officials then started permitting out-of-state circulators for all types of petition. But this year, the legislature passed SB 47, which, among other things, bans out-of-state circulators for all kinds of petition except independent presidential petitions.

Before 2008, the Ohio ban only applied to ballot measure petitions, recall petitions, and candidate petitions. There was never a ban on out-of-state circulators for petitions for newly-qualifying parties until 2013.

The Ohio legislature’s action in 2013 is reminscent of the behavior of the Arizona legislature in 2009. In 2008, in another case won by Ralph Nader, the Arizona ban on out-of-state circulators was struck down. So the Arizona legislature passed a bill repealing the ban but only for independent presidential petitions. The following year, the Arizona legislature thought better of that idea, and passed a bill repealing the ban for all types of petition.

When states try to defend bans on out-of-state circulators, they usually argue that out-of-state circulators might commit forgery and if they do the state will have trouble prosecuting them. But when a legislature passes a law saying that some kinds of petition can be circulated by out-of-staters, but other types of petition can’t be, the normal defense of such laws is very difficult to make. Thanks to Rick Hasen for the news about the lawsuit.

Ohio Bill Would Remove Four Minor Parties from 2014 Ballot

Ohio State Senator Bill Seitz (R-Cincinnati) has introduced SB 193, to revise Ohio’s ballot access laws for minor parties. Senator Seitz tells the press that his bill liberalizes the law, but it doesn’t. It keeps the number of signatures now required (1% of the last vote cast), but it adds a distribution requirement. Party petitions would need at least 500 valid signatures from each of half of the U.S. House districts.

Current law provides that the petition to qualify a new party need not list the party’s nominees, but the bill would say that the petition must list them, even the presidential and vice-presidential nominees. Since the party petition would be due at the end of June, and because it takes time to complete a petition of 55,809 valid signatures, this means the party would be required to have chosen its presidential nominee before the petition starts. The 2014 petition would be 55,089, but at this time no one can know what the 2016 requirement would be because no one knows how many votes will be cast in 2014.

Current law says the party petition is due three months before the primary date. The primary is in March in presidential years and May in other years. That deadline was held unconstitutional in 2006. Because the legislature has never changed it, the state has allowed all political parties that can show a modicum of support to appear on the ballot with no petition, ever since 2008. The bill changes the petition deadline to 125 days before the general election. This is the only part of the bill that improves the law, but since the state’s old deadline has been invalidated, this part of the bill isn’t really a gain.

The bill says that even after a newly-qualifying party submits its petition, it isn’t finished petitioning. The bill also requires separate candidate petitions for each of the candidates named on the petition. Statewide candidates would need 500 signatures; district candidates would need 25 signatures. These separate candidate petitions are utterly illogical, since the candidates have already shown they have voter support by the success of the party petition.

The bill lowers the vote test from 5% of the vote for the top of the ticket, to 3% for the top of the ticket. It would still be necessary for a party to meet the vote test every two years. By comparison, almost half the states only apply a vote test every four years. Also a slight majority of states let the vote for any statewide race count, but under this bill, Ohio would continue its policy in which only the vote for President and Governor count.

Parties that have been recognized without any petition starting in 2008 in Ohio are the Americans Elect, Constitution, Libertarian, Green, and Socialist Parties. If SB 193 is enacted this year, those parties would be removed from the 2014 ballot, although Americans Elect isn’t recognized in any event because it asked to be removed.