Texas Edges Closer to Having Government, Instead of Parties, Handles Funds for Paying for Election Administration of Primaries

On May 10, the Texas House passed HB 3065, which continues a trend in Texas to have the government pay directly for the cost of holding partisan primaries. Ever since 1972, government in Texas has paid for party primaries. But the Texas method of payment has been unique in the nation. The Texas system, since 1972, has had the parties administer their own primaries, and then submit the bill for expenses to the state government, which then reimbuses the parties.

HB 3065 says that if the county election officials desire to bill the state directly, they may do so. That eliminates the party as the “middleman”. For the last few years, populous counties already had the ability to bill the state government directly, but HB 3065 extends this practice to all counties. Thanks to Jim Riley for this news.

Wyoming Constitution Party May Succeed in Qualifying a Statewide Referendum

On March 2, the Wyoming Constitution Party launched a referendum petition, which requires the signatures of 15% of the state’s registered voters, and is due May 28. The exact requirement is 37,606 signatures. The petition would ask for a public vote on SF 104, which the legislature passed in January 2013. SF 104 removes the elected Superintendent of Public Instruction from her position as chair of the state Education Department, and gives the Governor power to appoint someone instead.

The pace of signature collection has greatly improved this month, and there is some reason to belief the petition may succeed. See this story, which was written two weeks ago and does not discuss the pace of petitioning, but which does illustrate the growing support for the referendum. No statewide referendum petition has succeeded in Wyoming since 1996.

New York Assembly Passes Public Funding Bill

On May 7, the New York State Assembly passed A4980, a bill to provide public funding for candidates for state office. The vote was 88-50. Now the bill goes to the State Senate.

Like the Arizona and Maine public funding programs, but unlike the Connecticut program, the bill does not discriminate for or against any candidate on the basis of party affiliation or independent status. The bill requires candidates who receive public funding to participate in at least one candidate debate. These debates would be open to all ballot-listed candidates, whether the candidates were eligible for public funding or not. Here is the text of the bill. The more interesting parts start about mid-way through the bill; the bill has other provisions not related to public funding.

Influential Figures Agree that Ohio Policy on Party Labels in Judicial Elections is Faulty, but Disagree on Solution

Two states, Michigan and Ohio, elect state judges in partisan elections, but both states have election laws that say party labels should not be on the ballot for judicial candidates, even though the candidates were nominated by political parties. In Michigan, party conventions choose nominees for Supreme Court Justice, and voters elect them in November, but the November ballot carries no party labels for these races, and voters must do independent research to learn which party nominated which candidate.

Ohio is somewhat similar. Voters in partisan primaries nominate candidates for Judge, and the winners appear on the November ballot. But, as in Michigan, party labels are not printed on the November ballot in these races, and voters must do independent research to know which party put which candidate on the ballot.

Recently, the Ohio Supreme Court Chief Justice, Maureen O’Connor, told the State Bar that judicial partisan primaries should be eliminated, in favor of non-partisan primaries and elections. But Democratic Party state chair Chris Redfern, who apparently was at the same meeting, disagreed, saying the existing partisan primary system should be preserved, but that party labels should be placed on general election ballots. See this story.

In July 2010, the Ohio Democratic Party filed a federal lawsuit, to force the state to print party labels on general election ballots for judicial candidates. On August 19, 2010, U.S. District Court Susan Dlott refused to grant injunctive relief, but she still hasn’t ruled on declaratory relief. The opinion could come at any time. The case is Ohio Council 8 American Federation of State, County and Municipal Employees v Husted, southern district, 1:10cv-504. Thanks to Rick Hasen for the link.