Two California Bills on Initiative Process Advance; One Makes it Easier and One Makes it More Difficult

Posted on by July 4, 2013
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On July 2, the California Senate Elections Committee passed two bills that alter the process for getting state initiatives on the ballot. One bill makes it easier to qualify initiatives, and one makes it more difficult.

Assemblyman Tim Donnelly’s AB 1117 passed, despite opposition from the Secretary of State and the association of county election officials. It provides that the Secretary of State’s web page will carry copies of statewide initiative petitions that are currently circulating. The web page will make it possible for anyone to print out a copy of the initiative, so that individual then is free to circulate the petition. The bill, which has already passed the Assembly, now goes to the Senate Appropriations Committee, which will hear it on August 12.

Also, Assemblyman Paul Fong’s AB 857 passed. It requires initiative proponents to collect at least 20% of the required signatures from volunteers. This bill has also passed the Assembly, and now goes to the Senate Appropriations Committee.

Trial Date Set for Lawsuit Over Wording on New Hampshire Voter Registration Forms

Posted on by July 3, 2013
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A trial will be held in New Hampshire state court early next year, over the new language on voter registration forms that implies that anyone who votes in New Hampshire, but who has an out-of-state drivers license, is breaking the law. See this story. The new wording has not yet been put into practice, because the law was enjoined last year.

Illinois Governor Signs Bill Letting 17-Year-Olds Vote in March Primary If They Will be Age 18 by November

Posted on by July 3, 2013
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On July 3, Illinois Governor Pat Quinn signed HB 226. It says that individuals who will be age 18 by November in even-numbered years may register to vote, and to vote, in the March primary that same year. These 17-year-old registered individuals will also be able to sign petitions while they are 17. However, they cannot circulate petitions until they are age 18. UPDATE: see this news story, which shows that the Governor signed the bill while visiting the Stevenson High School in suburban Chicago.

Governor Quinn still hasn’t acted on HB 2418, the omnibus election law bill that doubles the number of signatures needed for candidates for Chicago Alderman.

Ninth Circuit Upholds Denial of “Independent” Label on Ballots, Leaves Open for Another Lawsuit Issue of Labels for Members of Unqualified Parties

Posted on by July 3, 2013
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On July 3, the Ninth Circuit upheld California law that requires independent candidates for Congress and partisan state office to have “No party preference” on the ballot instead of the label “independent.” However, the ruling leaves open for a future lawsuit the related issue of whether the law is unconstitutional as applied to members of unqualified parties; the law requires “no party preference” for them as well. The case is Chamness v Bowen, 11-56303.

The 26-page opinion says there is no evidence that “no party preference”, instead of “independent”, injures independent candidates. The decision does not mention the point that California still permits independent presidential candidates to use the word “independent” on the ballot. The opinion suggests that it is rational for California to bar the word “independent”, because otherwise there might be confusion with candidates who are members of the American Independent Party. The decision does not mention the decisions of the Massachusetts Supreme Court and the Minnesota Supreme Court that ruled “independent” is too basic a word to be banned for independent candidates.

Footnotes four and five of the decision both say that this opinion does not express any opinion as to whether or not it is unconstitutional to force a member of an unqualified party to be forced to have “no party preference” on the ballot. Footnote five, on page 18, says that the 1980 California Supreme Court decision Libertarian Party of California v Eu does not control that issue, and ends by saying, “We therefore express no views as to the validity of California’s restriction against stating preferences for non-qualified parties.” The largest and most active non-qualified parties in California are the Reform Party, the Constitution Party, and the Justice Party; all three of them are political bodies, which means the Secretary of State recognizes that they are trying to qualify and instructs county election officials to keep a tally of their registration figures, so the state will know if they ever do qualify or re-qualify.

California Will Have Four or Five Special Legislative Elections in Remainder of 2013

Posted on by July 3, 2013
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On July 2, California Governor Jerry Brown set election dates for two more special elections. One will be for the State Senate, 26th district, in Los Angeles; the other will be for the Assembly, 45th district, also in Los Angeles. Both elections will be on September 17. Petitions are due July 26.

Both special elections are needed because the office-holders resigned to take seats on the Los Angeles city council.

Already scheduled, and coming up later this month, are a run-off in the State Senate, 16th district in the San Joaquin Valley; and the initial election in the Assembly, 52nd district, in San Bernardino County. That election has seven Democrats, one Republican, and one independent candidate. Those two elections are set for July 23.

There may be a fifth special election even later, because the frontrunner in the State Senate 26th district election is a member of the Assembly. If she wins, her seat in the Assembly will be vacant.