U.S. District Court Invalidates Kentucky’s 300-Foot “No Politics Zone” Around Polling Places on Election Day

Posted on by October 14, 2014
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On October 14, U.S. District Court Judge William O. Bertelsman, a Carter appointee, struck down Kentucky’s law that forbids any election signs or electioneering within 300 feet of the entrance to a polling place. Russell v Grimes, eastern district, 14cv-112. Here is the eleven page decision.

The U.S. Supreme Court ruled in 1992 that such zones are constitutional if they are 100 feet or less from the entrance to a polling place. Kentucky formerly had a 500 foot zone, but that was declared unconstitutional in 2004, so the legislature had amended it to 300 feet. But the opinion says that is still too restrictive. The Opinion says, “It can cover areas, including private yards, not even visible from the polling place. It prohibits activities in private homes.” Thanks to Justin Levitt for the link.

U.S. District Court Judge Won’t Require Florida Debate to Include Adrian Wyllie

Posted on by October 14, 2014
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On October 14, U.S. District Court Judge James I. Cohn denied injunctive relief in Adrian Wyllie’s lawsuit seeking an invitation into the Florida gubernatorial debate. Wyllie for Governor Campaign v Leadership Florida Statewide Community Foundation, sou. dist., 0:14cv-62322. The basis for the lawsuit was Wyllie’s contention that the debate sponsors had originally required a 12% showing in the polls, and when Wyllie met that standard, the requirement was increased to 15%. Wyllie is the Libertarian nominee for Governor of Florida. The debate is set for October 15.

The six-page order says that the debate organizers never promised to admit candidates if they hit 12% in the polls, and that the reference to 12% in their offer was to a different event. Wyllie had sought a hearing, but the judge ruled based on the written briefs.

Fifth Circuit Reinstates Texas Government Photo-ID Law for Voters at Polls

Posted on by October 14, 2014
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On October 14, the Fifth Circuit reversed a U.S. District Court in Texas and reinstated the Texas requirement that voters at the polls show certain types of government photo-ID in order to vote. Here is the order.

The decision is written by Judge Edith Brown Clement, a George W. Bush appointee, and signed by Judges Catharine Haynes, another George W. Bush nominee, and Gregg Costa, an Obama appointee. The rationale is that it is too close to the election to change anything. The order quotes from Williams v Rhodes, the 1968 U.S. Supreme Court opinion that put the American Independent Party on the Ohio ballot, as saying how difficult it is to re-print ballots as late as October 15. But it does not mention the U.S. Supreme Court order in Norman v Reed, putting the Harold Washington Party on the Cook County, Illinois ballot, only twelve days before the November 1990 election. In that case, the Court required Cook County to re-print 3,000,000 ballots.

It is somewhat likely that the voting rights groups who brought the Texas case will ask the U.S. Supreme Court to reverse the Fifth Circuit. Thanks to Justin Levitt for the link.

Scott Lay, California Political Analyst, Suggests Top-Two Systems May Cause Lower Turnout in Primaries

Posted on by October 14, 2014
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Scott Lay, a California political analyst who maintains a well-read blog about California government and politics, says here that California’s top-two primary ballot may be responsible for lower primary turnouts. His point is that in top-two primaries, for some offices, there are a great many candidates listed. For example, in the June 2014 top-two California primary, there were 15 candidates on the ballot for Governor, and 18 on for U.S. House, 33rd district. Top-two primary ballots tend to be crowded when no incumbent is running, because candidates from all parties, and all independent candidates, appear on that ballot.

Lay also predicts that the November turnout in California this year will be poor, for the opposite reason, that there are too few choices on the ballot. His point, as far as is known, has not been made by other observers, but it rings true. Under a normal system, primary ballots and general election ballots in most states tend to have roughly equal numbers of candidates running. But in top-two systems, the two types of ballots are grossly unbalanced, with the primary ballot sometimes crowded (when no incumbent is running) and the general election confined to either one or two names.

Libertarian Nominee for U.S. Senate in Iowa Killed in Plane Crash

Posted on by October 14, 2014
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On October 13, Doug Butzier died in a plane crash. He was an emergency room physician in Dubuque, Iowa, and president of the hospital’s medical staff. See this story. He was the Libertarian Party nominee for U.S. Senate in Iowa. Because ballots have already been printed, his name will remain on the ballot. Thanks to Bill Redpath for the link.