California State Court of Appeals Says 2012 Bill, Altering Order of State Ballot Measures, Was Erroneously Permitted to Take Effect Immediately

On January 18, the California State Court of Appeals released a 14-page opinion, finding that AB 1499, which was signed into law in 2012, was improperly permitted to go into effect immediately. AB 1499 changed the order in which statewide ballot measures appear on the ballot. Because AB 1499 went into effect immediately, it caused the November 2012 ballot to be different than it would otherwise have been. The bill caused the Governor’s initiative to raise taxes to be listed first among all the statewide measures, and put a competing tax increase measure near the bottom of the list of statewide ballot questions.

The California Constitution says bills don’t take effect immediately unless they pass with a two-thirds majority in each house, and AB 1499 did not obtain such support in the legislature. But the Constitution makes an exception for budget bills. AB 1499, when passed, made an appropriation of $1,000. But the decision says that AB 1499 (in the form in which it passed) did not exist when the state budget passed, so AB 1499 cannot be considered part of the budget. The decision has no effect on the 2012 election, and only influences future events. The decision is Howard Jarvis Taxpayers Association v Bowen, C071506. Here is a news story about the decision.

Oregon Bill Requires Presidential Candidates to Submit Documents Relating to Eligibility

Two Oregon State Representatives, Andy Olson (R-Albany) and Gene Whisnant (R-Sunriver), have introduced HB 2405. It would require presidential candidates to submit a long form birth certificate that must contain the name of the hospital, the physician who delivered the baby, and the names of witnesses. It also requires presidential candidates to submit a declaration telling where he or she had lived for each of the last fourteen years.

The bill doesn’t seem to acknowledge the possibility that a presidential candidate might not have been born in a hospital, or that his or her birth certificate doesn’t exist.

If the bill were to pass (which seems unlikely) the chief consequence would probably be that candidates might be kept off the ballot for errors in filing the required paperwork.

Arizona Bill to Move Presidential Primary to Date of Iowa Caucuses

Arizona Representative Phil Lovas (R-Peoria) has introduced HB 2017, to hold the Arizona presidential primary on the same day that the major parties in Iowa hold their presidential caucuses. The bill provides that in case the Iowa caucuses are no longer the earliest state process for choosing delegates to the major party national conventions, then the Arizona Secretary of State should pick a date for the Arizona primary.

Alaska Bill for a Top-Two System

Alaska Representative Max Gruenberg (D-Anchorage) has introduced HB 13, to establish a top-two primary system for all partisan office except President. Like the Washington state version, but unlike the California version, write-ins would be permitted in November. Here is the text of the bill. Representative Gruenberg introduced the idea in the previous session of the legislature, but it did not advance.