Oregon Bill to Move Non-Presidential Primary from May to September

Posted on by January 18, 2015
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Oregon State Senator Lee Beyer (D-Springfield) has introduced SB 328. Currently, Oregon holds its presidential primary and its primary for other office in May. The bill would keep the presidential primary in May, but would move the primary for other office to the third Tuesday of September.

The bill would have no impact on minor parties or independent candidates, because minor parties nominate by convention (except that the Independent Party will almost certainly nominate by primary in 2016). Also the petition deadline for newly-qualifying parties and independent candidates, which is in August, is not tied to the date of the primary. Thanks to Josh Putnam for this news.

Florida Will Hold Special Legislative Election with Only One Candidate on Ballot

Posted on by January 17, 2015
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Florida will hold a special election in April, for state representative, district 64. Only one candidate’s name will be printed on the ballot.

See this story, which explains why this is happening.

One-candidate elections are very common, but it is rare for a special election to have only one name on the ballot, because almost by definition, when there is a special election, there is no incumbent.

U.S. District Court Upholds Virginia Law Putting Major Parties on the Ballot First

Posted on by January 17, 2015
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On January 13, U.S. District Court Judge Robert E. Payne upheld the Virginia law that says nominees of the qualified parties should always appear at the top of the ballot, relative to other candidates. Sarvis v Judd, eastern district, 3:14cv-479. The opinion says no evidence is needed, and the state’s motion to dismiss is granted.

The opinion says the state interests in putting the qualified parties first are: (1) to avoid voter confusion; (2) to create a more orderly ballot; (3) to encourage larger parties over a multiplicity of parties. Footnote seven of the opinion says, “The Court takes judicial notice of the fact that the vast majority of voters will choose a candidate from one of the major parties.”

Judge Payne did write that he assumes that candidates listed first on the ballot are advantaged. Generally, when courts uphold discriminatory laws on the order of candidates on the ballot, they say there is no evidence that position on the ballot makes any difference. It is not known if the plaintiffs, Robert Sarvis and the Virginia Libertarian Party, will appeal.