Paul Zukerberg Wins Lawsuit Over Whether District of Columbia Voters May Elect an Attorney General This Year

On June 4, Paul Zukerberg won his lawsuit against the District of Columbia Board of Elections in the D.C. Court of Appeals. See this story. The issue is whether the 2010 ballot measure, which the voters passed, requires a 2014 election for Attorney General. The measure as described on the November 2010 ballot said the first election for that office would be in 2014; but the actual complete language of the bill just said it would be in 2014 or later.

The D.C. Board of Elections says it disagrees with the decision and will ask for reconsideration.

Andy Dawkins, Long-Time Minnesota Democratic Legislator, Joins Green Party and Will be its Nominee for Attorney General

On June 3, Andy Dawkins, who was a Democratic-Farmer-Labor representative from St. Paul, Minnesota, for 15 years, said he is now a Green Party member and that he will be the party’s candidate for Attorney General this year. He submitted more than the required 2,000 signatures. If he gets 5%, the Green Party will regain its ballot-qualified status, which it lost in November 2004. See this story. He served in the legislature 1986-2002.

In 1994, while Dawkins was in the legislature, he said that he would like to be not only the DFL nominee, but the nominee of the New Party, a forerunner to the Working Families Party. When the New Party sued Minnesota to force the state to let two parties jointly nominate the same candidate, the party’s complaint mentioned that it wanted Dawkins to be on the November ballot both as the DFL nominee and the New Party nominee. Dawkins said in a declaration that he would accept both nominations, but he did not become a co-plaintiff in the lawsuit. The lawsuit won in the 8th circuit but then lost in the U.S. Supreme Court. Thanks to Jim Ivey for the link.

Sixth Circuit Won’t Rehear Ohio Libertarian Party Ballot Access Case

On June 4, the Sixth Circuit declined to grant reconsideration to the Ohio Libertarian Party, in its ballot access case. See this story. As a result, the only candidates on the November 2014 ballot for Ohio Governor will be the nominees of the Republican, Democratic, and Green Parties.

This news enhances the odds that the Green Party will poll at least 2% for Governor and remain on the ballot for the 2016 and 2018 elections. In 2010 the Green Party got 1.52% for Governor, in a four-party race in which the Libertarian Party gubernatorial candidate polled 2.39%. Thanks to Steve Linnabary for the link.

California Primary Turnout Likely to be Lowest in State History

The June 3, 2014 California top-two primary appears likely to have had the lowest turnout in state history. California has had primaries starting in 1910, and the previous worst primary turnout was the June 2008 primary, which had no statewide offices (the presidential primary had been in March 2008) and which had a turnout of 28.22%.

The number of votes reported for Governor by 3:30 a.m. early on the morning of June 4 was 3,153,000. No further updates have been issued. Assuming there are 1,000,000 uncounted provisional and absentee ballots that had not yet been counted, that would still yield a total of 4,153,000 voters. California’s last Report of Registration showed 17,722,006 registered voters, so that would mean a turnout of 23.4%. UPDATE: the total reported at 5:30 p.m. on June 4 is 3,173,148; on June 5, 3,296,369.

The San Francisco Bay Guardian criticized the top-two system in this editorial, written before any election returns were known. The editorial is flawed because it predicted that Tim Donnelly would place second for Governor, instead of Neel Kashkari. The editorial is also flawed because it refers to Prop. 14 as an “open primary”.

Tim Donnelly outpolled Neel Kashkari in San Francisco and Alameda Counties, the two most Democratic counties in the state. This strongly suggests that some Democrats were engaging in strategic voting, something that would not have been possible in a closed or semi-closed primary.