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Alaska Gubernatorial Poll Suggests Constitution Party May Win Qualified Status for First Time

Posted on May 20, 2014 by Richard WingerMay 20, 2014

On May 13, Public Policy Polling released a poll for several Alaska elections. Question fourteen, for the gubernatorial general election, has these results: Republican incumbent Sean Parnell 37%, Democrat Byron Mallott 27%, independent Bill Walker 17%, Constitution Party candidate J. R. Myers 4%, undecided 15%. If Myers receives at least 3% of the vote in November, the Constitution Party will be a qualified party in Alaska for the first time in its history. It has never before had a candidate for Governor of Alaska.

Alaska currently has four ballot-qualified parties: Republican, Democratic, Alaskan Independence, and Libertarian. They can remain on the ballot if their registration remains at or above 3% of the November 2014 gubernatorial vote, or if they poll 3% for Governor.

Second Circuit Agrees With Lower Court that New York City Discriminates Against the Disabled Relative to Polling Place Design

Posted on May 20, 2014 by Richard WingerMay 20, 2014

On May 14, the Second Circuit issued an opinion in Disabled in Action v Board of Elections in the City of New York, 12-4412. The opinion upholds a decision of the U.S. District Court that the city must do more to help disabled individuals to cast a vote. It says that 80% of polling places in New York city have significant barriers to access, especially relating to wheelchair users and blind voters.

The city says it has a program to transfer disabled voters out of the precincts with problems, to other precincts. However, the decision says, “It is unclear how the Board of Elections, let alone an individual voter, would know ten days prior to an election that a particular poll site is inaccessible.”

The federal government had intervened in this case on the side of the plaintiffs. Here is the opinion.

Tenth Circuit Expedites Kansas-Arizona Case on Federal Voter Registration Form

Posted on May 20, 2014 by Richard WingerMay 20, 2014

On May 19, the Tenth Circuit expedited the lawsuit filed by Kansas and Arizona, over whether those states can force the federal government to alter the federal voter registration forms used in their states. The two states don’t like the federal voter registration postcard form because they say aliens may register to vote using the form. The form requires a signature under penalty of perjury, but the states want all applicants to attach proof of citizenship.

The three judges in the Tenth Circuit who expedited the case also stayed the U.S. District Court decision while the case is pending in the Tenth Circuit. The U.S. District Court Judge had refused to stay his opinion, and had ordered the form to be altered immediately. The three judges who have the case in the Tenth Circuit are Carlos Lucero (a Clinton appointee), Jerome Holmes (a Bush Jr. appointee), and Gregory Phillips (an Obama appointee).

Meanwhile, there are close to 20,000 unprocessed federal voter registration forms from Kansas alone. The Kansas primary is August 5. The case is Kobach v U.S. Election Assistance Commission, 14-3062. Thanks to Rick Hasen for this news.

U.S. District Court Enjoins Minnesota Campaign Contribution Limit

Posted on May 19, 2014 by Richard WingerMay 19, 2014

On May 19, U.S. District Court Judge Donovan W. Frank, a Clinton appointee, enjoined a Minnesota campaign contribution limit. Minnesota campaign finance laws say that after a candidate has received a certain number of large contributions, then future campaign contribution limits to that candidate are reduced to only 50% of the original individual limit.

For example, the first twelve donors to a candidate for state legislature may contribute a maximum of $1,000, but then the next donor may only contribute $500. Seaton v Wiener, cv14-1016. The basis for the decision is the recent U.S. Supreme Court McCutcheon decision. Thanks to Rick Hasen for this news.

New Jersey Voters Who Want to Vote in Major Party Primaries, but who Don’t Want to be Party Members, Obtain Extension of Time to File Their First Brief

Posted on May 19, 2014 by Richard WingerMay 19, 2014

On March 5, 2014, some New Jersey voters who want to vote in major party primaries, but who don’t want to be listed as party members, even for one day, filed a lawsuit, asserting that their right to vote is being denied. On May 9 the state filed a brief, asking that the lawsuit be dismissed.

Plaintiffs have now obtained an extension of time in which to file their first brief. It was to have been filed May 19, but the new deadline is July 3. The case is in U.S. District Court, and is Balsam v Guadagno, 2:14cv-1388.