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New York Legislature Passes National Popular Vote Bill

Posted on March 26, 2014 by Richard WingerMarch 26, 2014

On March 25, both houses of the New York legislature passed S3149, the National Popular Vote Plan bill. The vote in the Senate, which is controlled by Republicans, was 57-4. The vote in the Assembly was 100-32. This is the first state legislature to pass the plan since 2012, although the New York bill hasn’t been signed by New York Governor Andrew Cuomo yet.

Assuming the bill is signed, the plan will have passed in 7 eastern jurisdictions (New York, New Jersey, Massachusetts, Maryland, Rhode Island, Vermont, and D.C.); 3 western states (California, Washington, Hawaii); and one midwestern state, Illinois. It will have received 60% of the electoral votes it needs to get into effect.

Democrats Will Not Run Anyone for Missouri State Auditor

Posted on March 25, 2014 by Richard WingerMarch 25, 2014

The only statewide office on the ballot in Missouri this year is Auditor. The only three candidates who have filed in any party’s primary are the Republican incumbent, Tom Schweich; the Libertarian, Sean O’Toole, and the Constitution Party candidate, Rodney Farthing.

An independent candidate, or a newly-qualifying party, could still enter the race with a petition signed by 10,000 signatures, due in late July.

Parties stay on the ballot in Missouri by polling 2% for any statewide race at either of the last two elections. Therefore, because parties remain on the ballot for two elections after meeting the vote test, the Democratic Party will retain its status as a qualified party, notwithstanding its failure to run anyone this year.

The Green Party could easily recover its qualified party status in Missouri by submitting 10,000 valid signatures this year and running someone for Auditor. Thanks to Ken Bush for this news.

Utah Republican Party May Sue to Regain Closed Primary

Posted on March 25, 2014 by Richard WingerMarch 25, 2014

According to this article, leaders of the Utah Republican Party may bring a lawsuit to regain their closed primary. SB 54, signed into law March 10, says that if a party doesn’t agree to let independents vote in its primary, it can’t have its name next to its nominees on the November ballot.

Fourth Circuit Won’t Rehear Challenge to North Carolina May Petition Deadline

Posted on March 25, 2014 by Richard WingerMarch 25, 2014

On March 25, the Fourth Circuit refused to reconsider Pisano v Strach, the case that challenges the North Carolina petition deadline for newly-qualifying parties. The Fourth Circuit had upheld that deadline on February 27. The request for reconsideration pointed out that neither the U.S. District Court, nor the original Fourth Circuit opinion, had let the parties conduct discovery. The purpose of the discovery would have been to show that the state doesn’t really need a May petition deadline in order to check all the signatures in time for the November election. It seems obvious that the state doesn’t need that much time, because it has a June deadline (almost a month later) for independent candidate petitions, and they require just as many signatures if they are for a statewide independent. Also in 1988 the North Carolina Board of Elections let the New Alliance Party submit its petitions in July, without any apparent difficulty. Also in 2004, the state set a July deadline for all independent candidate petitions.

Given the bad weather in the southeastern states this winter, it is difficult to understand how any rational person thinks it is constitutional to force newly-qualifying parties to obtain almost 90,000 valid signatures in the winter and early spring.

Hawaii Democratic Party Files Opening Brief in Ninth Circuit, in its Lawsuit to Close its Primary

Posted on March 25, 2014 by Richard WingerMarch 25, 2014

On March 24, the Hawaii Democratic Party filed its opening brief in the Ninth Circuit in Democratic Party of Hawaii v Nago, 13-17545. The issue is whether the Democratic Party should be permitted to limit voting in its primary to individuals who sign up as supporters of the party. Currently, all primary voters decide in the secrecy of the voting booth which party’s primary ballot to use.

The party vigorously contests the finding of the U.S. District Court, which was that an open primary law is not subject to a facial attack, because theoretically, there might be some political party in Hawaii that wants to keep an open primary for itself. The Democratic Party’s brief lists many cases in which the U.S. Supreme Court entertained a facial challenge in a First Amendment case, even though there were individuals or groups in the same category as the plaintiffs who liked the status quo.