Colorado Constitution Party Suffers from Being a Qualified Major Party

This article in the Daily Sentinel of Grand Junction, Colorado, says the Constitution Party has suffered from being a qualified major party. The party is a major party because it polled over 10% of the vote for Governor in 2010. However, according to the article, the party would have been better off if it had remained a qualified minor party. Major parties must file many complicated campaign finance reports. The party’s reports have had errors and omissions, or have been late, so the party has been repeatedly fined, and now has a negative bank balance.

Qualified minor parties in Colorado generally nominate by convention and need not petition for ballot access for their nominees.

Tennessee Green Party Sues to Overturn Law on Government Photo-ID Card for Voters at Polls

On August 26, the Green Party of Tennessee filed a federal lawsuit against Tennessee’s law that requires voters at the polls to show certain kinds of government photo-ID. The case is in the eastern district and is Green Party of Tennessee v Hargett. Here is the Complaint.

The lawsuit does not argue that it is unconstitutional for the state to require photo-ID, but says that the types of photo-ID are too limited. See this story about the lawsuit.

Proposed Constitutional Amendment on Right to Vote Only Has 18 Co-Sponsors in U.S. House

On May 14, Congressman Mark Pocan (D-Wisconsin) introduced HJR 44, a proposed Constitutional Amendment putting the right to vote into the Constitution. As of August 26, it only has 18 co-sponsors. Ten signed up in May, one in June, five in July, and only two in August. See here for the list of co-sponsors. The U.S. House has 435 members from states and also six non-voting members from other jurisdictions.

California Legislature Repeals All Residency Requirements for Petitioners

On August 26, the California Assembly passed SB 213, which removes all residency requirements for petitioners of all types of petition. The bill now goes to the Governor.

Also on August 26, the California Senate unanimously passed AB 1419, which moves the deadline for a newly-qualifying party in presidential election years from January to July. The bill must return to the Assembly because the bill was amended after it passed the Assembly the first time. The amendment is not substantive and relates to which government must pay the extra costs associated with the bill.

WethePeople Project Founded to Advance Voting Rights and Other Basic Rights for Residents of U.S. Territories and D.C.

Earlier this year, the We the People Project was established by Neal Weare and others, to advance voting rights and other basic constitutional rights for Americans who live in the overseas territories and the District of Columbia. The web page is www.equalrightsnow.org.

The Project is helping to represent several U.S. nationals who were born in American Samoa. They filed a lawsuit last year arguing that the U.S. Constitution guarantees that they be considered citizens. One of the plaintiffs, a Vietnam War Vet, now lives in the continental U.S. and cannot vote, because persons born in American Samoa are considered to be U.S. “Nationals”, not “citizens.” Residents of American Samoa do use U.S. passports.

On June 26, 2013, the U.S. District Court in Washington, D.C., upheld the government’s position, which is that the Constitution does not guarantee citizenship to persons born in unorganized territories. The decision relies on a series of U.S. Supreme Court decisions from 1901. The case is Tuaua v U.S.A., and will soon be in the U.S. Court of Appeals, D.C. Circuit. Over the years, Congress has enacted laws saying that persons born in the other overseas territories are U.S. citizens, but Congress has never extended that to residents of American Samoa. American Samoa elects a Delegate to the U.S. House, and he has intervened in the case on the side of the federal government and against the plaintiffs. Thanks to Rick Hasen for this news.