Eleventh Circuit Rules that Florida Violated Federal Law in 2012 When it Trimmed Voter Registration Rolls

The 1993 federal law nick-named “Motor-voter”, but which is actually called the National Voter Registration Act, prohibits states from completing “any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters” during the 90 days before a federal primary or a federal election.

On April 1, the Eleventh Circuit ruled that Florida violated this law in 2012, when it tried to match names on the voter registration rolls with two other databases, looking for individuals who had registered to vote even though they are not citizens. Arcia v Florida Secretary of State, 12-15738. One database was the list of individuals who, when they applied for a drivers license, presented ID to get their drivers license that suggested that individual is not a citizen (such as a green card). The other database is the federal “SAVE” list, prepared by the Department of Homeland Security.

Florida matched names on these other databases during the period 90 days before the election, which the federal voter registration law prohibits. Florida defended itself by saying the federal law only applies to individuals who were eligible to register in the past but are no longer eligible, as opposed to aliens, who were never eligible. The court used the plain meaning of various ordinary words to rebut that idea.

A practical problem with Florida’s program was that sometimes individuals who had not been citizens at the time they got their drivers license, or at the time they appeared on the SAVE list, had later become citizens. Thus Florida was removing some voters from the rolls in error.

The decision was 2-1. Thanks to PoliticalWire for the news.

U.S. Supreme Court Strikes Down Federal Aggregate Contribution Limits

On April 2, the U.S. Supreme Court issued this opinion in McCutcheon v Federal Election Commission, 12-536. The vote was 5-4. The majority struck down a federal law, passed in 1976, that restricts how much money a donor may contribute in total to all candidates or committees. The decision does not affect the contribution limit from an individual to a particular candidate, which is $2,600 in the primary season and another $2,600 in the general election.

The majority decision notes that, among the 38 states that have contribution limits, only eight states have aggregate limits. Justice Clarence Thomas wrote separately to say that he believes all contribution limits should be struck down. The majority opinion, by Chief Justice John Roberts, is 40 pages. The dissent, by Justice Stephen Breyer, is 30 pages and also has an Appendix of 13 pages with statistical data meant to show that the decision will make it easier for wealthy individuals to channel additional contributions to particular candidates.

Oklahoma Ballot Access Bill Advances

On April 2, the Oklahoma Senate Rules Committee passed HB 2134 by a vote of 16-1. The bill lowers the number of signatures for a newly-qualifying party from 5% of the last vote cast for the office at the top of the ballot, to 2.5% of the same base. It has already passed the House.

The lone “no” vote was cast by Senator Rob Johnson (R-Kingfisher). The Senate Rules Committee made a technical move to guarantee that, assuming the bill passes the Senate, it still needs to go to a conference committee. Thanks to E. Zachary Knight for this news. UPDATE: the web page of Oklahomans for Ballot Access Reform has more detail.

District of Columbia Primary Election Returns for Four Parties

On April 1, the District of Columbia held primaries for the Democratic, Republican, Green, and Libertarian Parties. Here is a link to the D.C. Board of Elections web page, showing preliminary election returns.

The web page does not have party labels. However, the returns for each party begin with the office of Delegate to the U.S. House of Representatives. The Democratic returns are first, followed by the Republican returns, the Green returns, and the Libertarian returns. One easy way to see the beginning of the Republican returns is to find Nelson Rimensnyder’s returns (he is the only Republican candidate for Delegate to the U.S. House).

Several hundred Green Party members voted in the Green Party primary. It appears that only about 25 voters participated in the Libertarian primary.

Republican Gubernatorial Candidate Sues Massachusetts Republican Party

On April 1, Massachusetts Republican Mark Fisher, who wants to run for Governor in the Republican primary in September, sued the Massachusetts Republican Party. Massachusetts major parties won’t let anyone petition for a place on their primary ballots unless the candidate receives at least 15% of the votes of the delegates at party conventions. Last week, the Republican Party held its convention. Fisher got over 15% of the votes of Delegates who expressed a preference, but only 14.7% when the blank votes are included in the calculation. The party determined he is not eligible to circulate a petition. Even if Fisher wins his lawsuit, then he needs a petition signed by 10,000 Republican voters. See this story. The lawsuit is in Suffolk County Superior Court.