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Wyoming Referendum, Sponsored by Constitution Party, Lacks Enough Signatures to Qualify

Posted on May 31, 2013 by adminMay 31, 2013

The referendum petition in Wyoming sponsored by the Constitution Party does not have enough signatures to qualify. The state required 15% of the registered voters to sign the petition, and allowed less than three months. The Secretary of State’s office has now counted the signatures and determined that the petition lacks the required 37,606. The petition only has 21,991 signatures. The purpose of the referendum was to let voters vote on whether to approve a law passed this year that removes almost all power from the office of the Superintendent of Public Instruction. Voters elect the Superintendent of Public Instruction, but the law removed the holder of that office from authority over the State Board of Education. Thanks to Kyle Roerink for this news.

The effort was not a complete waste of energy. The Constitution Party increased its visibility in Wyoming substantially by trying to qualify the referendum.

Illinois Legislature Passes Bill to Double Number of Signatures Needed to Run for Chicago Alderman

Posted on May 31, 2013 by adminMay 31, 2013

On May 28, the Illinois Senate amended an election law bill to include a provision doubling the number of signatures needed to run for Alderman of Chicago. Existing law requires a petition signed by 2% of the last vote cast, but the amendment changes that to 4%. In the typical district, the requirement would rise from approximately 350, to approximately 700 signatures.

HB 2418 started out as a bill to alter the deadline for School Board petitions, and had been introduced in February. The original bill was ten pages, but the Senate added so many amendments, the bill is now 217 pages. The author of the Senate amendment is Senator Don Harmon (D-Oak Park). The Senate passed the amended bill on May 29 by a vote of 32-20, and the House passed it on May 30 by 66-49. It appears no newspaper has yet mentioned the amendment doubling the number of signatures for Alderman candidates.

The bill briefly also had an amendment to alter the method by which Lieutenant Governor candidates are nominated, but that amendment was removed. Current law says gubernatorial candidates choose a Lieutenant Governor running mate before the primary. The amendment, which was inserted and then deleted a day later, would have changed that to provide gubernatorial candidates choose a running mate after they have won the primary. It is possible Governor Pat Quinn will use his power to amend bills and will delete the provision doubling the number of signtures. Alderman elections in Chicago are non-partisan. Thanks to Patrick Kelly of the Illinois Green Party for this news.

Meanwhile, the federal lawsuit against the number of signatures needed to run for Chicago citywide offices (including Mayor) is still pending in U.S. District Court. That case is Stone v Board of Election Commissioners for Chicago, 1:10cv-7727. It is now three years old and still hasn’t had a decision from the U.S. District Court. The mayoral petition requirement is 12,500.

Scholars Weigh in on Whether there is Already a Right to Vote in the U.S. Constitution

Posted on May 31, 2013 by adminMay 31, 2013

Politifact Wisconsin has this interesting set of quotes from various election law experts, when each of those experts was asked if the U.S. Constitution protects the right to vote. However, none of them mention that the U.S. Constitution obviously does not guarantee all U.S. adult citizens the right to vote, because if it did, adult U.S. citizens who live in the overseas territories and the District of Columbia would have voting representatives in Congress. Thanks to Rick Hasen for the link.

California Bill to Restrict Write-in Candidates Defeated Again

Posted on May 31, 2013 by adminMay 31, 2013

On May 31, the California Assembly again defeated ACA 9. This is the bill to provide that candidates for Congress and partisan state office who place second still can’t go to the November ballot, if they are write-in candidates and if they poll fewer than approximately 2,300 write-ins for U.S. House, 3,000 for State Senate, 1,500 for Assembly, or 120,000 for statewide office. If this proposed constitutional amendment were enacted, the number of one-candidate elections would increase.

ACA 9 had been defeated on May 29, but the author sought reconsideration. However, the Assembly voted by a ratio of 2:1 to deny reconsideration.

Gary Johnson’s Lawsuit Against Commission on Presidential Debates, Filed in 2012, is Still Active

Posted on May 31, 2013 by adminMay 31, 2013

The lawsuit Gary Johnson and James Gray filed in 2012 to be included in the general election presidential debates, and the vice-presidential debate, is still active. The lawsuit is pending in federal court in Orange County, California and is Johnson v Commission on Presidential Debates, central district, 8:12cv-1600.

The Complaint asks for compensatory damages for keeping Johnson out of the debates, and argues that Johnson met the CPD’s criteria. The criteria that the CPD believes Johnson did not meet is 15% in public opinion polls. However, during fall 2012, Johnson commissioned several polls from neutral, respected polling companies. The poll asked respondents if they preferred President Obama or Gary Johnson. Johnson polled well over 15% in all these polls. The CPD’s criteria don’t say which candidates must be mentioned by pollsters. Therefore, the Complaint alleges breach of contract.

The Complaint also charges that the CPD violated the following laws and constitutional provisions when it excluded Johnson: (1) the First Amendment to the U.S. Constitution; (2) 42 USC 1983, a federal law; (3) the District of Columbia’s Human Rights Act, which makes discrimination unlawful; (4) several California laws that outlaw unfair competitive practices; (4) the federal Sherman Anti-Trust Act.

A status conference will be held on July 11.