Colorado City, Arizona, Retains Ability to its own Police Department

Colorado City, Arizona, is a stronghold for an offshoot of the Church of Latter Day Saints that still adheres to polygamy. On April 25, the Arizona House defeated SB 1433, which would have ended the ability of cities to have police departments if at least 50% of the police officers of that city have had their certificates revoked during the last eight years. See this story. The bill had passed the State Senate unanimously. It was an attempt to place law enforcement in Colorado City under the control of the Mohave County Sheriff.

Michigan Statewide Referendum Removed from Statewide Ballot Because Font on Petition was Allegedly Wrong Size

On April 26, the Michigan State Board of Canvassers invalidated a statewide referendum petition on the grounds that the title of the measure on the petitions used the wrong font size. The law says it should be in 14 point font. See this story, which says that supporters of the referendum had 140 people in the audience at the Board’s meeting, and these supporters reacted angrily when the decision was made. The Board tied 2-2; a tie keeps the measure off the ballot. Supporters of the referendum had gathered 203,238 signatures. Thanks to Thomas Jones for the link.

It is certain that supporters will challenge the decision in court.

New Mexico Approves Party Status for Green, Constitution, and Independent American Parties

On April 26, the New Mexico Secretary of State’s office approved the ballot access petitions filed earlier this month for the Constitution Party, the Green Party, and the Independent American Party.

These parties join the Democratic, Republican, Libertarian, Americans Elect, and Independent Parties. The Independent Party, which has been ballot-qualified since 2008 because it polled over one-half of 1% of the presidential vote in 2008, is about to change its name to the Justice Party. New Mexico permits qualified parties to change their names. The Independent Party had nominated Ralph Nader in 2008.

The Independent American Party is not expected to have a presidential nominee. It was formed primarily to make it easier for a particular independent candidate for U.S. Senate to be on the ballot. New Mexico requires substantially fewer signatures for a new party than for an independent candidate. Thanks to Rick Lass for this news.

Keyser, West Virginia, Interprets its Recall Law to Mean that Petition Signers are Liable to Pay for Election, if Recall Attempt Loses

Keyser, West Virginia, city officials are interpreting the city’s recall law to mean that if a recall petition successfully gets enough signatures, and then the official being recalled survives the recall vote, then the signers of the petition are financially liable for the cost of putting on the recall election. See this news story. The city is empowered to put a lien on the property of anyone who signs, who becomes liable, and who doesn’t pay.

Keyser is the largest town in Mineral County, in northeast West Virginia, just south of Maryland. It is estimated that a citywide recall would cost $10,000, and approximately 1,000 signatures are needed for a citywide recall. So, the average signer would be liable for approximately $10. Thanks to the Recall Elections Blog, via Rick Hasen, for the link. The Recall Elections Blog points out that if the official subject to the recall loses the recall vote and is ousted from office, he or she is not obliged to pay for the costs of the recall election.

This matter is somewhat reminiscent of the situation in Montana, where Rick Jore, the Constitution Party’s only elected legislator at the time, was forced to pay for the administrative costs of a recount. He had been declared the winner in the original tally, but someone had asked for a recount, and the recount showed he had not won the election after all. Jore was then told that he had to pay for the recount. This matter is also somewhat reminiscent of the situation in Pennsylvania, in which a petitioning group or candidate whose petition is challenged and found not to have enough valid signatures is liable for the costs of the challenge, which can exceed $100,000.