Here is a description of the court hearing held August 3 in Phoenix, over whether the initiative for a top-two open primary should be on the ballot. Opponents argued that it violates the single-subject rule. The only argument on the single-subject rule that seemed to give the judge pause is the point that the initiative unnecessarily abolishes elections for party office. The very last paragraph of the article mentions this.

The other states with top-two open primaries, Washington, California, and Louisiana, all continue to hold elections for party office.

On August 3, the Michigan Supreme Court voted to keep a referendum on the November 2012 statewide ballot. The case is Stand Up for Democracy v Secretary of State, 145387. The Board of State Canvassers had kept it off the ballot because the law says such petitions must be in 14 size font and this petition apparently had print that was somewhat smaller, although that is not settled and different experts have different opinions. Computerized printing has made such standards somewhat arbitrary. Here is the opinion.

Justice Mary Beth Kelly wrote the controlling opinion. She feels the font size was correct. Three other justices did not, but they felt that substantial compliance is sufficient. Those four, voting together even though they don’t agree with each, provide the four votes to keep the measure on the ballot. Three other justices felt that the font size was too small and that strict compliance is necessary. Thanks to Thomas Jones for this news.

On August 1, the New Mexico Secretary of State informed Jon Barrie that he doesn’t have enough valid signatures to be on the November ballot as the Independent American Party nominee for U.S. Senate. He would have been the first minor party or independent candidate for U.S. Senate on the New Mexico ballot since 1996 if he had had enough valid signatures. He was told he lacks 277 valid signatures.

The state requires 6,018 valid signatures. On June 26 he had submitted 10,279 signatures. He had already successfully collected 3,009 signatures on a different petition to qualify the Independent American Party. New Mexico, alone among the states, requires a newly-qualifying party to submit one petition to qualify itself, and then separate petitions for each of its nominees (other than presidential nominees).

Barrie had created the Independent American Party mostly as a vehicle so that he could run for U.S. Senate. If he had run as an independent, he would have needed 18,054 valid signatures. He will contest the finding that he did not have enough valid signatures. Thanks to Gary Odom for this news.