Trial Date Set in Lawsuit on Whether Anaheim, California, At-Large City Council Elections Violate California Law

On July 30, a Superior Court Judge in Orange County, California, set a trial date of March 17, 2004 for Moreno v City of Anaheim, 30-2012-579998. This is the lawsuit that argues that Anaheim’s at-large city elections violate the California Voting Rights Act. Anaheim has a population of 336,265, and is the largest city in California that still elects all of its city council members at-large with neither ranked choice voting, cumulative voting, or limited voting.

The lawsuit was filed in June 2012. It has been delayed while the city had been given extra time to decide whether to abandon at-large elections. The city had considered districts, but had then merely changed the system to retain at-large elections, but to set up districts which would be used for candidate qualification. In other words, districts would exist and one candidate from each district would be elected, but the elections would still be at-large. The city argued that was enough to moot the lawsuit, but the court disagreed and set the trial date.

Faux Green Party Candidate for County Executive of Nassau County, New York, Drops Out of Race

Phillipp Negron, the 25-year-old nephew of a Nassau County business executive with ties to the Republican Party organization in that county, has dropped out of the race for Nassau County Executive. He had filed to run in the Green Party primary, even though he has never had any contact with activists in the Green Party. Negron withdrew after his petition to be on the Green Party primary ballot was challenged. See this story.

U.S. Court of Appeals Says Ralph Nader Doesn’t Have Standing to Complain About FEC Failure to Enforce Campaign Laws in 2004

On August 2, the U.S. Court of Appeals issued an opinion in Nader v Federal Election Commission, 12-5134. The opinion says Nader doesn’t have standing to complain that the FEC did not enforce the campaign finance laws in 2004. Specifically, Nader demonstrated that the people who challenged his ballot access in 2004 spent millions of dollars on that effort, and none of the people who spent that money ever reported it as a donation to the Democratic Party or the John Kerry presidential campaign. Although everyone agrees with Nader’s accusation, the FEC did nothing about the Nader complaint (although the FEC took several years to make the determination that it would do nothing) and now the D.C. Circuit says Nader lacks standing.

The D.C. Circuit implied that if Nader were running for president in the next election, then he would have standing. The opinion is only six pages long.

Colorado Eliminates Americans Elect Party Status, Even Though it Has 3,412 Registered Members and Law Says 1,000 Registered Members Should be Sufficient

The Colorado Secretary of State has removed Americans Elect from the list of qualified parties, even though it had 3,412 registered members as of May 2013. Colorado election law section 1-4-1303(b) says a party remains qualified if it has at least 1,000 registered members.

Employees of the Secretary of State’s office say the only person who can explain the rationale for the party’s loss of status is one particular employee, and she has not responded to phone messages for a period of almost eight hours ago, on August 2. I wanted to hold off blogging this news until I had talked to someone in the Secretary of State’s office, but because it doesn’t appear anyone in the office is willing to talk about it until Monday, August 5, at the earliest, I decided to post about this now.

Washington, D.C. Mayor Vincent Gray signs B20-0245

On July 30, Washington, D.C. Mayor Vincent Gray signed B20-0245.  This is the bill that repeals the restriction on out-of-district petitioners.  Now Congress has 30 days to either do nothing on this matter, or conceivably veto the measure.  The 30 days only runs while Congress is in session.  Assuming Congress makes no objection, the restriction will finally be removed.