California Bill Improving Ballot Access Passes Assembly

On May 16, the California Assembly passed AB 1419 unanimously. This is the bill that permits newly-qualifying parties to qualify as late as July, instead of January, in presidential election years. The bill now goes to the Senate.

The California Assembly did not bring up AB 1038 on May 16, but that bill could receive a vote on Monday, May 20. AB 1038 makes it illegal for a newly-qualifying party, or any party, to pay registration drive workers, directly or indirectly, on the basis of how many registered voters in any particular party they obtain.

Texas House Defeats Gubernatorial Term Limits

On May 15, the Texas House defeated SJR 13, which would have asked the voters in November 2013 if they wish to impose any term limits on the statewide executive offices. Most Democrats voted “yes” and most Republicans voted “no”. The term limits would have prohibited serving more than two consecutive terms. Thanks to Jim Riley for this news.

Fourth Circuit To Decide if Sheriff Can Fire Deputy Because Deputy “Liked” Sheriff’s Opponent on Facebook

On May 16, the Fourth Circuit heard Bland v Roberts, 12-1671. The issue is whether the Sheriff of Hampton, Virginia, improperly fired a deputy because the deputy “liked” the sheriff’s opponent in the 2009 election. The U.S. Supreme Court in the past ruled that government employees cannot be fired because of their political statements. However, when the fired deputy sued, the U.S. District Court ruled that when the deputy “liked” the sheriff’s opponent on Facebook, that was not a political statement.

The U.S. District Court decision says, “It is the Court’s conclusion that merely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection.” The candidate then appealed, and Facebook intervened in the case and was permitted to participate in the oral argument, to argue that the U.S. District Court was wrong. Here is an article published before the hearing was held. The U.S. District Court decision was handed down on April 24, 2012, and is eastern district 4:llcv45. UPDATE: Here is a story about the hearing. The three judges were William B. Traxler, Stephanie Thacker, and Ellen Hollander. Thanks to HowAppealing for both links.