In November 2014, Montana voters will vote on whether to establish a top-two system. The Independent, a free weekly newspaper in Missoula, has this story about the upcoming vote, with an emphasis on the motive of the Republican majority in the legislature in putting the measure on the ballot.
On December 13, the Florida Supreme Court issued an opinion in The League of Women Voters of Florida v The Florida House of Representatives, SC13-951. By a vote of 5-2, the Court ruled that legislators, and legislative staff, can be questioned in court about their motives concerning details of the U.S. House redistricting plan passed in 2012.
The Florida Constitution was amended before the last redistricting process. It now says, “In establishing congressional district boundaries, no apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent.” Article III, sec. 20(a).
The League of Women Voters of Florida believes that the congressional districts drawn up by the legislature were drawn to help the Republican Party, but in order to establish that, the League first sought the ability to force legislators to testify. The League has now won that fight. Since the decision came out, it has come to light that much of the evidence, such as e-mails between legislators and their staffs about redistricting, no longer exists. It is possible that this development might result in new districts being drawn up. See this story.
California State Senator Darrell Steinberg, the President pro Tem of the Senate, plans to introduce a state constitutional amendment. It would let California Governors appoint state legislators, when a vacancy occurs. See this story.
The Austin Chronicle, the free weekly newspaper for Austin, Texas, here summarizes Libertarian and Green Party activity expected in the 2014 election. Texas has the nation’s earliest congressional primary in 2014. Even though the two ballot-qualified minor parties nominate by convention, rather than by primary, state law forces candidates seeking a convention nomination to file an intent to run in December of the year before the election. The minor party conventions are free to nominate someone else other than the person who filed, but the parties are not permitted to nominate anyone for an office for which no party member had filed.
On December 18, the Tenth Circuit issued an opinion in Republican Party of New Mexico v King, 12-2015. The opinion agrees with the U.S. District Court, that New Mexico cannot limit individual contributions to most political committees, if those political committees will use the money to make independent expenditures for or against a candidate for state office. Even though the first-named plaintiff is the New Mexico Republican Party, this opinion only concerns contribution limits made to political committees that are not political parties. The plaintiffs that essentially won this case are New Mexicans for Economic Recovery PAC and New Mexico Turn Around.
This decision continues the trend in federal courts to give more protection to PACs than political parties receive. The opinion suggests that parties have fewer rights than other political committees. Thanks to Rick Hasen for the link.
