California State Appeals Court Lets Palmdale Proceed with November 5 Election for City Council

On October 15, a California State Court of Appeals permitted the city of Palmdale to proceed with its November 5 election for city council. However, it is still not certain that the results will be allowed to stand. A lawsuit is currently pending against the city’s at-large city council elections, based on the California Voting Rights Act, which prevents at-large city elections if the at-large system seems to prevent a sizable ethic or racial minority from winning any seats on the council.

On September 30, a Superior Court Judge had enjoined the election. Then the State Court of Appeals reinstated it, partly on the technicality that the plaintiffs had not filed a bond. But then the Superior Court Judge had ruled that the bond isn’t needed, and the election was off again; but now it is on.

Arizona State Appeals Court Enjoins Higher Contribution Limits

On October 15, the Arizona State Court of Appeals, Division One, suspended the higher contribution limits passed by the 2013 session of the legislature. The court acted only two hours after hearing oral arguments. There is no opinion yet.

The lawsuit is Arizona Citizens Clean Elections Commission v Brain, 1 CA-SA 13-0239. The Citizens Clean Elections Commission runs the state’s public funding program, and it opposes the new higher contribution limits because it believes that higher campaign contribution limits will motivate candidates to ignore the public funding program. The Commission argued that the Arizona Constitution requires changes to the public funding program can only take effect if 3/4ths of the legislators approve them. The 2013 bill, raising the contribution limits, did not get enough support in the legislature to meet that standard. The legislature, on the other hand, argues that the contribution limits are not really part of the public funding law.

The 2013 bill raised the maximum donation to a legislative candidate from $440 to $4,000. The legislature and the Secretary of State will probably ask the State Supreme Court to overturn the State Court of Appeals. Some 2014 candidates have already received some contributions that are in excess of the old limits. Thanks to Rick Hasen for this news.

Wisconsin Bill to Count Only Write-ins for Declared Candidates

On October 14, seven Wisconsin legislators introduced AB 419. It provides that write-in votes should only be counted for candidates who file a campaign finance statement. The bill makes an exception for offices for which no one’s name is printed on the ballot.

Candidates who have no contributions or expenditures are still free to file a campaign finance statement. But if they do have contributions or expenditures, they must choose a campaign treasurer.

AB 419 has a hearing in the House Committee on Campaigns and Elections on October 16. Wisconsin already requires write-in presidential candidates to file a notice if they want their write-ins counted. But, current law for office other than president requires that all write-ins be counted. The purpose behind AB 419 is probably to save election administrators the costs of counting write-ins for people who are not running, or who do not exist, such as famous cartoon characters. Thanks to Rick Kissell for this news.

Salon Carries Rob Richie Opinion Piece About New Jersey’s Two General Elections This Year that are Only Three Weeks Apart

As previously noted, New Jersey holds two statewide partisan general elections in the next few weeks. Voters vote on October 16 for U.S. Senate, and then on November 5 for Governor and legislature. The two elections would both have been on October 16 if Governor Chris Christie had not vetoed AB 4237 last month. As a result of his veto, election administrators are spending $12,000,000 that would have been saved if the two elections had been on the same day.

Rob Richie of Fairvote has this article about this situation on Salon. Thanks to Rick Hasen for the link.

Two South Carolina Legislators Say they will Introduce Bill in 2014 to Let Parties Close Their Primaries

South Carolina State Senator Lee Bright (R-Roebuck) and Representative Bill Chumley (R-Woodruff) say they will introduce a bill in 2014 to let parties close their primaries. See this story. South Carolina has always had open primaries, and has never before asked voters to choose a party (or independent status) on voter registration cards.

The article mentions that the Greenville County Republican Party recently was told by a U.S. District Court that it does not standing to win a closed primary via the court system, but the article does not mention that the Greenville County Republican Party has appealed this decision.

Although South Carolina law lets any qualified party choose whether to nominate by primary or convention, in practice, the qualified parties other than the Democratic and Republican Parties always nominate by convention, whereas the two major parties always nominate by primary.