Wyoming 2012 Democratic Congressional Nominee Registers as Member of Green Party

Chris Henrichsen, the 2012 Democratic nominee for U.S. House in Wyoming, writes in this column on Patheos.com that he has registered to vote as a member of the Green Party. He now lives in Nevada. The Green Party is not currently ballot-qualified, but it will regain its place on the ballot if it can get its registration up to 9,738. The party believes it has approximately 4,000 registrants in Nevada, but the exact number is difficult to know because Clark County, the most populous county in the state by far, won’t release the data.

The party could also get back on the ballot if it submitted a petition of 9,738 valid signatures.

Henrichsen was unopposed for the Democratic congressional nomination in Wyoming in 2012. At the time he was a 35-year old political science instructor at Casper College. He is a member of the LDS church and campaigned in 2012 as a pro-life candidate. Thanks to Thomas MacMillan for the link.

Virginia Asks U.S. Supreme Court to Hear its Appeal in Petitioner Residency Lawsuit

On August 19, the Virginia State Board of Elections asked the U.S. Supreme Court to hear Judd v Libertarian Party of Virginia. This is the case won by the Libertarian Party in both U.S. District Court and in the 4th Circuit, over whether states may ban out-of-state petitioners. Many states have lost similar lawsuits, but Virginia is only the second one, after Arizona, to ask the U.S. Supreme Court to hear its appeal.

In 2009 the U.S. Supreme Court refused to hear Arizona’s appeal of the same issue. Arizona had arranged for approximately twelve states to file an amicus curiae supporting the state, but the Court still refused to hear the case.

Page seven of Virginia’s petition says that the Libertarian Party has never polled more than .6% of the presidential vote in Virginia, but actually in 2012, the party polled .81% of the total presidential vote in Virginia. Also in 1980, it polled .69% for president in Virginia.

The state’s petition says that the party has never shown enough support in Virginia to enjoy “party” status, but does not say that Virginia requires a vote of 10% for a group to become a political party, far in above of the national median vote requirement of 2%. No state requires a higher percentage of the vote for party status than Virginia, except Alabama, which requires 20%.

The state’s petition does not mention all the presidential candidates with substantial support who tried and failed to get on the Virginia presidential primary ballot, or the general election ballot. They include, in 2012, Rick Perry, Newt Gingrich, Michele Bachmann, Rick Santorum, and Jon Huntsman; in 2008, Chris Dodd; in 2004, Ralph Nader; in 2000, John Hagelin; in 1996, Ralph Nader.

Three Political Scientists Publish Study of California’s Top-Two System

On April 5, 2013, three political scientists published their own study of the effect of California’s top-two system, used for the first time in a regular election in 2012. The three authors are Thad Kousser of the University of California, Justin Phillips of Columbia, and Boris Shor of the University of Chicago. The paper can be read at this link, courtesy of the Social Science Resource Network.

The authors used survey research to determine the average political attitudes of the voters of each congressional district. Instead of just asking the voters if they are “liberal” or “conservative” or various other crude categories, it asked them their opinions about 46 political issues. Then the authors used the same data (which had already been gathered by Project Vote Smart) for all candidates for Congress in California, for both 2010 and 2012. The purpose of the study was to see if there was a greater fit between average political attitudes within each congressional district and the identity of the winner, or a lesser fit, or no change at all, between 2010 and 2012.

In 2010, California used a semi-closed primary, whereas in 2012 it used a top-two primary. The study determined that the top-two system did not result in a closer fit between the political attitudes of the average voter within a particular district, and the type of candidate elected in that district.

The study paid particular attention to congressional races in which two candidates from the same party were the only two candidates who appeared on the November ballot. The study concluded that the top-two primary has not halted the continuing partisan polarization of California’s elected members of Congress, and says if anything, polarization has increased and the quality of representation has declined. The paper explores ideas about why this has happened. The paper itself is 31 pages; the appendix lists the 46 policy questions that were answered both by congressional candidates and voters.

San Diego City Attorney Rules Recall Petitions are Valid No Matter Where the Circulator Lives

On August 16, the San Diego City Attorney ruled that recall petition signatures are valid, no matter where the circulator lives. However, circulators must be citizens and must be at least 18 years of age. This ruling came about because a recall petition against the Mayor has started circulating. Thanks to Rick Hasen for the link.

California Repeals 1941 Law that Required “Subversive Organizations” to Register with Secretary of State

On August 16, California Governor Jerry Brown signed AB 1405, which repeals the “Subversive Organization Registration Law” found in section 35000ff of the Corporations Code. The law, passed in 1941, requires groups that were organized for the purpose of undermining the democratic form of government to register with the Secretary of State. The law defined “group” as any two or more individuals. The law made it a felony for officers of the group to fail to file, and a misdemeanor for any member of an unregistered group to continue to be a member. During World War II, one group was prosecuted because it allegedly issued propaganda in support of the German and Italian governments, but the conviction was overturned in the State Court of Appeals.

The California Election Code still contains sections 5102 and 5200, which say that subversive political parties must be removed from the ballot. These laws were passed in 1953 and have never been used. California is one of only six states that still bans certain parties from the ballot based on their teachings. Thanks to AroundtheCapitol for this news.