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Washington State Green Party Plaintiffs Win Procedural Victory in Case Involving Secret Ballots

Posted on April 10, 2013 by adminApril 10, 2013

On March 27, some voters in San Juan County, Washington, won a procedural victory in State Superior Court in White v Reed. This is a lawsuit arguing that San Juan County should not print unique barcodes on ballots because they could conceivably be used to violate secrecy in voting. The Court ruled that the plaintiffs, who are associated with the Green Party, do have standing. The Court also ruled that the barcodes are considered part of “voting system software” and cannot be used unless the state certifies the program that produces the bar codes.

There is still no decision on the issue of whether use of the barcodes could violate ballot secrecy. That will probably require a trial, and the Superior Court Judge postponed that until San Juan County and the Secretary of State have an opportunity to try to reverse the procedural ruling. The case is White v Reed, 10-2-05002-8. The decision relies partly on Bush v Gore. One of the arguments the plaintiffs make is that they are not treated equally because their county uses bar codes and most counties in Washington state do not.

Opponents of Rhode Island Straight-Ticket Device Publicize New Study, Showing How Device Probably Changes Outcomes

Posted on April 10, 2013 by adminApril 10, 2013

Bills are pending in the Rhode Island legislature to abolish the straight-ticket device. On April 10, supporters of those bills released a study, showing that in November 2012, the Speaker of the House would probably have been defeated by an independent candidate if the straight-ticket device did not exist.

Only two candidates were on the ballot in November 2012 in the State House race for the 4th district: Gordon Fox, the Democratic nominee and the House speaker; and independent candidate Mark Binder. The vote was: Fox 3,590; Binder 2,595. In that district, 1,469 voters used the straight-ticket device for the Democratic Party. This shows that the voters who did not use the straight-ticket device preferred Binder. The data suggests, but cannot prove, that the straight-ticket device changes election outcomes. Independent candidates do not have their own straight-ticket device, and it is probable that most of the voters in 2012 who used the straight-ticket device didn’t even notice who the candidates for State House were.

New York Daily News Editorial Asks Governor Andrew Cuomo Not to Accept Independence Party Nomination in 2014

Posted on April 10, 2013 by adminApril 10, 2013

The New York Daily News has this editorial, asking Governor Andrew Cuomo not to accept the nomination of the Independence Party in 2014. The editorial assumes that if Cuomo were not the Independence Party nominee, the party would probably not be able to find a nominee who would poll at least 50,000 votes. The newspaper, for some years, has been a critic of the Independence Party, and hopes that the party dies. Thanks to Bill Van Allen for the link.

California Bill Advances, Would Outlaw Paying Registration Drive Workers on Basis of How Many Registrations Obtained in any Particular Party

Posted on April 10, 2013 by adminApril 10, 2013

On April 9, the California Assembly Elections Committee passed AB 1038 on a vote of 5-2. It makes it illegal to pay registration drive workers on the basis of how many registration cards they submit listing any particular party. This would injure the ability of new parties to get on the ballot, or old parties to remain on the ballot. Parties cannot be qualified in California unless they have approximately 110,000 registered members.

The vote was 5-2. All the Democrats voted “Yes” and all the Republicans voted “No.” At the hearing, seven individuals testified against the bill, including members of the Green, Libertarian, and Peace & Freedom Parties. The ACLU of California submitted a letter in opposition to the bill, but the ACLU lobbyist did not testify in person. The legislature passed somewhat similar bills in 2011 and 2012, but both times Governor Jerry Brown vetoed the bill.

Unlike previous years, this year the Secretary of State did not endorse the bill. Barry Brokaw, the lobbyist for the organization of California county election officials, testified in person that the organization has no formal position on the bill, and yet he said the organization does not oppose the bill, a statement that is not logical. The name of that organization is the California Association of County Election Officials, CACEO.

U.S. District Court Stops a Texas May 2013 School Board Election

Posted on April 10, 2013 by adminApril 10, 2013

On April 9, a U.S. District Court in Washington, D.C., stopped the scheduled May 11, 2013 election for School Board in Beaumont, Texas, under the federal Voting Rights Act. The case is Beaumont Independent School District v U.S., civ 13-401. The reason the election was stopped is that the School District, and a Texas State Court of Appeals, had ruled that all seven seats should be up for election in May, yet this decision was not made until after the candidate qualification period had closed. Some of the incumbent members of the Board had not filed for re-election because, under the old rules, their seats weren’t up. Under the new rules, their seats were up, but they had not had a chance to file to be on the ballot.

The election will now be held in November 2013.