New West Virginia Registration Data

The West Virginia Secretary of State has released August 2013 registration data. All parties except the Democratic Party have increased their share of the registration since the November 2012 election, and the percentage of independents has also risen.

The August 2013 percentages are: Democratic 50.67%, Republican 28.79%, Libertarian .122%, Green (Mountain) .115%, unqualified parties and independents 20.30%.

The November 2012 percentages were: Democratic 51.85%, Republican 28.70%, Libertarian .118%, Green (Mountain) .107%, unqualified parties and independents 19.22%. Here is more detail, including an interactive chart to make it possible to see the data for any county. Thanks to Michael for the link.

New Jersey State Appeals Court Keeps Vote-Counting Litigation Alive

In 2004, a New Jersey state legislator, Assemblyman Reed Gusciora, and others filed a lawsuit against New Jersey officials, arguing that the state’s use of vote-counting machines with no paper trail violates the New Jersey Constitution and various New Jersey election laws. On September 16, the state appellate court issued a 45-page decision, sending the case back to the trial court. Thus, a lawsuit that is already nine years old will continue. The case is Gusciora v Christie, A-5608-10T3.

The New Jersey legislature could easily have ended this case by requiring that all vote-counting machines leave a paper trail. The legislature actually did pass a bill mandating that, but since then the new law has never been implemented because the legislature suspended the new law for budgetary reasons. This lawsuit got a further new lease when, in 2011, a Cumberland County election resulted in false election returns being reported by the machines. The plaintiffs in that lawsuit were only able to prevail because they submitted enough affidavits from voters to prove that the results were incorrect. The September 16, 2013 decision is concerned about that incident, and therefore sent the case back to the trial court to determine if the state’s pre-election testing procedure is good enough to prevent such problems in the future.

Virginia Gubernatorial Poll

On September 16, Purple Strategies released a Virginia 2013 gubernatorial poll. The poll was conducted by phone and internet. For phone users, the respondents did not receive a phone call from a human researcher, but from an interactive electronic system of communication. The respondent was only offered the choice of the Democratic nominee, the Republican nominee, or “not sure.” It was impossible for the respondent to express any choice beyond those three. The same was true for the respondents who answered the poll via computer.

The results: Democratic nominee Terry McAuliffe 43%, Republican nominee Ken Cuccinelli 38%, “not sure” 19%. The “not sure” category is unusually high for a high-profile race this close to the election, so that probably indirectly suggests a relatively large percentage for Rob Sarvis, the third choice on the ballot. One would think polling companies would want to know how much support Sarvis is receiving. If he did receive 10%, the Libertarian Party would become a ballot-qualified party in Virginia for the first time, and would be automatically on the ballot in 2014 as well as 2015 and 2016. That would be the first time Virginia had had a ballot-qualified third party since the period 1994-1997, something that ought to be interesting to general readers who care about politics and government.

Independent Candidate Files Lawsuit to Reduce Number of Signatures in Upcoming Alabama Special Congressional Election

On September 16, independent candidate James Hall filed a lawsuit against Alabama, seeking a reduction in the number of signatures needed for petitioning candidates in the upcoming special election to fill the vacant U.S. House seat, First District. The lawsuit is Hall v Bennett, 2:13-663, middle district of Alabama. See this story.

Alabama law does not prevent independent candidates from starting to petition as early as they wish, so normally, an independent candidate may have up to two years to collect the needed signatures. However, in this special election, the date of the election was not announced until July 29. Alabama petitions normally must display the date of the election, and until the end of July, no one knew what the date of the election would be. The petition is due September 24. The state did not reduce the number of signatures to take into account that the time period is so much shorter for this election than in a normal election. The election will be on December 17.

The Illinois Green Party won a similar lawsuit earlier this year. A federal court in Illinois reduced the number of signatures required for the special election to fill the vacant 2nd district from 15,682 signatures to 3,444 signatures, because the petitioning time had been shortened. Jones v McGuffage, 921 F.Supp.2d 888. Similar lawsuits were won in Georgia in 2002 and 1981, and in Florida in 1982 and 1989, and Maryland in 1981. The Alabama petition requirement for the upcoming election is 5,938 valid signatures (3% of the last vote cast for Governor inside that district).