Fifth Circuit Explains Why it Won’t Enjoin Various Restrictions on Texas Voter Registration Workers

On September 26, the Fifth Circuit issued an explanation of why it had earlier reversed a U.S. District Court, and left certain Texas restrictions on voter registration drives in place. Voting for America v Andrade, 12-4094. The vote is 2-1. The dissent is considerably longer and more analytical than the majority opinion.

Among the restrictions that remain in place, at least until the case is decided, are restrictions on out-of-state residents who want to work on Texas voter registration drives; restrictions on how paid workers can be paid; and the restriction that forbids voter registration workers from making photocopies of the completed registration forms before they are submitted.

Connecticut Republican Party Wins Ballot Order Case

On September 26, the Connecticut Supreme Court issued a one-page order, saying the Republican Party should be listed first on Connecticut general election ballots, this year and for future elections, up to and including the November 2014 election. The dispute hinged on the state’s law that said the order of parties should be governed by how many votes they had polled for Governor.

In 2010, the Republican Party had polled more votes for Governor than any other party. However, the Democrat was elected, because he had the nomination of both his own party and the Working Families Party. The sum of the gubernatorial vote for those two parties was greater than the Republican gubernatorial vote. See this story.

Pennsylvania Statewide Libertarian Petition Checking-Process Determines that Libertarians Have Enough Valid Signatures

The Pennsylvania line-by-line petition-checking process for the statewide Libertarian Party petition has been proceeding this week, just as it has for each of the two previous weeks. On September 26, enough signtures had been validated by the adversarial process so that the petition now has the needed 20,601 valid signatures. Furthermore, there are still some signatures to go through the process.

It appears that the only possible method for the statewide candidates to be removed from the ballot now would be a ruling from the Pennsylvania Supreme Court, reversing the Commonwealth Court on whether certain signatures are invalid. The Commonwealth Court had ruled that signatures of voters are valid if that signer moved since re-registering and signed with the new address, whereas the old address is still on the voter registration rolls. This ruling only pertains to voters who move within the county, not voters who move to another county. Assuming the Pennsylvania Supreme Court approves this ruling, or takes no action, then the statewide Libertarians are on the ballot.

The only other parties on the ballot for statewide offices are Democratic, Republican, and Green, and the Green Party petition only listed a presidential and vice-presidential nominee; there are no Greens running for U.S. Senate or the other statewide offices. By contrast, the Libertarian petition nominated candidates for U.S. Senate, Attorney General, and Treasurer.

Robert Raymond, a Petitioner Who Wants to Circulate in California but Who Doesn’t Live in California, Sues Nineteen California Counties

Robert R. Raymond is an individual who wishes to circulate petitions in California, even though he is domiciled in Wisconsin. He has been a professional petition circulator for twenty years. During the last week of August, he sued nineteen California counties, after ascertaining that these particular nineteen counties would not permit him to work in their counties. The cases pending in the U.S. District Court in the Northern District have been combined, as have the cases pending in the Eastern District (in California, the northern district is centered in San Francisco, and the eastern district is centered in Sacramento, although those districts have other courthouse locations).

The counties that are being sued are: Alpine, Amador, Glenn, Humboldt, Inyo, Kings, Marin, Monterey, Napa, Placer, Plumas, San Benito, San Francisco, San Joaquin, Santa Cruz, Shasta, Stanislaus, Tehama, and Yolo.

California legislators has been deaf to requests that they introduce bills to repeal residency requirements for circulators. It has been over four years since the 9th circuit struck down restrictions on out-of-state circulators, in Nader v Brewer, an Arizona case. California and Arizona are both in the 9th circuit. Since then, the Arizona legislature has repealed residency requirements for circulators of all types of petition. The top-two open primary initiative in Arizona this year, Prop. 121, probably would not have got on the Arizona ballot if the proponents had not been able to hire professional circulators who don’t live in Arizona.

A status conference on the cases in the Eastern District will be held on December 10, 2012, before U.S. District Court Judge Garland Burrell. The case in each county has its own case number, but one of the cases is Raymond v Howard, 2:12-cv-2215. That happens to be the case against Alpine County.