Two Important Texas Election Laws Invalidated This Week

Posted on by August 30, 2012
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Two separate opinions this week have resulted in defeats for Texas election laws. On August 28, one 3-judge U.S. District Court in Washington, D.C., invalidated the state’s congressional and legislative district boundaries. And on August 30, another 3-judge U.S. District Court in Washington, D.C., invalidated the Texas law on government photo-ID at the polls.

The redistricting decision doesn’t affect the districts in use this year. The districts in use this year were not drawn by the legislature, but by a 3-judge U.S. District Court in Texas. The redistricting decision is State of Texas v U.S.A., 11-cv-1303. ElectionLawBlog has commentary and a link to the opinion here.

The decision on photo government-ID for voters at the polls is State of Texas v Holder, 12-cv-128. Read more about it, and see a link to the decision, here at ElectionLawBlog. Both decisions are based on the Voting Rights Act.

Analysis of Arizona Primary Predicts a More Centrist Arizona Legislature

Posted on by August 30, 2012
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According to this analysis, published in Arizona’s largest daily newspaper, the August 28 Arizona primary results indicate the 2013 session of the Arizona legislature will be more centrist, more closely balanced between the two major parties, and more business-friendly.

This conclusion has some consequences for the ongoing battle over whether Arizona should convert its elections to top-two open primaries. Business has been heavily backing the initiative because it has been so unhappy with the “Tea Party” influence in the 2011-2012 session of the legislature.

Michigan Libertarian Ballot Access Case to be Argued September 6

Posted on by August 30, 2012
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On August 30, U.S. District Court Judge Paul Borman set September 6 for a hearing in Libertarian Party of Michigan v Ruth Johnson. The state has until September 4 to file its response to the Libertarian Party’s brief asking for summary judgment, and then the party can respond the next day. The hearing will be in Detroit at 3 p.m. on September 6. The issue is whether Gary Johnson can be on the ballot. The Libertarian Party is ballot-qualified but the state says it won’t print Johnson’s name because his name appeared on the February presidential primary ballot.

Although the Michigan Libertarian Party’s submission of Johnson’s name asked that, if Johnson can’t appear, that the state party’s presidential second-choice is Gary E. Johnson of Austin, Texas, the state has never responded to that alternate choice, and its web page continues to list no Libertarian for President. The party’s lawsuit does not discuss the alternate Johnson.

The state’s web page also does not list James P. Gray for vice-president. Presumably the state has also disqualified all the Michigan Libertarian Party presidential elector candidates, even though it has not said that formally. In 1960, Michigan permitted voters to cast votes for an unpledged slate of presidential electors, who were running for the Independent American Party, a party that only existed in Michigan.

New York Working Families Party Will Choose a Presidential Nominee on September 5

Posted on by August 29, 2012
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The Working Families Party of New York will formally choose a presidential nominee on September 5. It is overwhelmingly likely that it will nominate President Obama.

The real mystery concerning New York ballot-qualified parties is which presidential candidate the Independence Party will choose. The deadline for qualified parties to submit this information is September 10. The New York State Independence Party continues to tell people that it will decide on September 22, but that is too late.