Michigan Senate Passes Bill Converting Presidential Primary from a Secret Open Primary to a Public-Choice Open Primary

On September 15, the Michigan Senate passed SB 584. It deals with the presidential primary. It retains the February 28, 2012 primary date. But it provides that voters who wish to vote in a presidential primary must fill out a form, indicating which party’s presidential primary ballot they wish. For absentee voters, the absentee voter application would include this same form, asking the absentee voter which primary the voters wishes. Michigan doesn’t have registration by party, and the bill does not change that aspect of Michigan elections.

The bill also provides that the list of which voters chose which party’s primary ballot will be made public no later than 71 days after the presidential primary, but the public record will be withdrawn from public scrutiny, and destroyed, two years later.

Existing law prints all Michigan presidential primary ballots on a single sheet of paper, and in the privacy of the voting booth, the voter chooses one party’s primary. Only large qualified parties in Michigan have their own presidential primary. The smaller qualified parties do not participate in the presidential primaries. Thanks to Frontloading HQ for this news.

Ralph Nader Asks Maine Supreme Court to let his Tort Lawsuit Against Democrats Go to Trial

On September 14, an attorney for Ralph Nader argued before the Maine Supreme Court that Nader’s lawsuit against the Democratic Party (for its behavior toward him in 2004), should be permitted to go to trial. See this story. The story erroneously says Nader got .3% for President in 2004; actually he got .4%.

The Maine Supreme Court only permitted Nader’s attorney to speak for 15 minutes. But it let the Defendants speak for a total of 30 minutes. There are two Defendants, the Ballot Project and the Democratic National Committee, and each had 15 minutes. The Ballot Project was a group of Democrats who organized the nationwide effort to block Nader from the ballot.

Missouri May be Another State to Choose Republican Delegates in February, in Violation of National Republican Party Rules

Current Missouri law says the presidential primary should be in early February, but national Republican and Democratic Party rules say states (except for four particular states) must not be earlier than March. According to this story in Frontloading HQ, Missouri legislators may not pass the bill moving the state’s presidential primary to March.

Righthaven, Terrorizer of Bloggers, May File for Bankruptcy

Wired has this story about Righthaven, the company that contracted with various newspapers to seek out blogs that re-print newspaper stories in full, and then sue those blogs. For example, Righthaven sued Independent Political Report, and IPR had to pay several thousand dollars so that Righthaven would drop the lawsuit.

As the Wired story explains, one blogger fought back in federal court, and won a ruling that it had not violated copyright, and won $34,000 in attorneys fees against Righthaven. Thanks to How Appealing for the link.

Rehearing En Banc Request in Carl Lewis Ballot Access Case

On September 14, attorneys for intervenors asked the Third Circuit to rehear the Carl Lewis case. The request is that all 13 full-time judges on the Third Circuit participate. The case is Lewis v Guadagno, 11-3401. The issue is the constitutionality of New Jersey’s requirement that candidates for State Senate must have lived in the state for at least four years. UPDATE: here is the petition for a rehearing.

Pennsylvania Senate Majority Leader About to Introduce a Bill to Let Each U.S. House District Choose its own Presidential Elector

Pennsylvania Senate Majority Leader Dominic Pileggi (R-Chester) is about to introduce a bill that would provide that each U.S. House district choose its own presidential elector. If this plan had been in effect in 2008, Republicans would have won ten electoral votes from Pennsylvania.

Senator Pileggi is seeking co-sponsors for his proposed bill. He won’t actually introduce the bill until that process is finished. He has been Senate Majority leader since 2006. Republicans hold both houses of the state legislature and the Governorship. The Governor has already indicated he would sign it, if it passes.

The wording of the proposed bill may or may not force candidates for presidential elector to live in the district they seek to represent. If the bill does have a residency requirement, that will make it more difficult for petitioning parties to get on the ballot. They will need to expend time before petitioning to find a resident in each district. Pennsylvania petitions for presidential candidates must include the names of the candidates for presidential elector.