Opponents of Arizona Voter Registration Procedures Ask U.S. Supreme Court Not to Overrule Ninth Circuit

On June 18, the Mexican American Legal Defense & Educational Fund filed a brief with the U.S. Supreme Court, asking the Court to leave the recent Ninth Circuit opinion in Gonzalez v Arizona intact, at least for now. The Ninth Circuit had ruled several weeks ago that Arizona must accept the federal voter registration postcard forms. Arizona acknowledges it must accept the forms, but the state requires some add-on questions that are not on the federal form. The Ninth Circuit had construed the federal postcard registration law to mean that the federal form, all by itself, is sufficient and the state can’t require extra information.

The information that Arizona wants is proof that applicants are citizens. The federal form asks people to say under penalty of perjury that they are citizens and otherwise eligible to vote, but does not require additional documentation. See Scotusblog’s report on this case, which includes a link to the MALDEF brief. There is also a link to a second brief, filed by an ally of MALDEF, which discusses the problem that Arizona’s law creates for some residents of American Indian reservations.

Arizona will file a final brief by June 20, and then there will probably be a quick response from the U.S. Supreme Court, to determine if the Ninth Circuit ruling stands during the next few months.

Gary Kreep Appears to have Been Elected Superior Court Judge in San Diego County, California

The San Diego Registrar of Voters’ web page reports that the vote for Superior Court Judge is: Gary Kreep 202,873; Garland Peed 201,415. The web page also reports that only 2,000 uncounted votes remain. It is likely there will be a recount.

Kreep was the attorney for Alan Keyes and the American Independent Party in several lawsuits over whether the Secretary of State of California must check the constitutional qualifications of presidential candidates. Kreep also represented the Alan Keyes faction of the AIP in 2008, when the Secretary of State recognized one faction over the other and the other faction appealed the decision in court.

James Madison, in 1823, Wanted to Change Electoral College System

See this interesting article at Fairvote, about a letter written by former President James Madison in 1823, suggesting a different way to choose the president. The article has a link to Madison’s letter. Madison wanted to give each congressional district one electoral vote. Also he wanted to end the system under which, when no one gets a majority of the electoral college vote, the House elects the President, with one vote per state.

Madison wanted to change the electoral college to give each elector two votes for President, a first choice and a second choice. And he believed that if no one got a majority, with either the first or second choice votes, then the entire Congress should choose the President, with each member of each house of Congress having one vote.

Several Important Election Law Bills to be Heard in California Legislative Committees on June 19

The California Senate Elections Committee, and also the California Assembly Elections Committee, are both hearing election law bills on Tuesday, June 19. Unfortunately both committees are meeting simultaneously, at 1:30 p.m., so it is very difficult for anyone to attend both hearings.

The Senate Elections Committee hears AB 1436, the bill to allow individuals to register to vote on election day. This would eliminate a large number of provisional ballots. Under current law, individuals sometimes come into the polling place and believe they are registered to vote, but no record can be found for them. If same-day registration existed, such individuals could register on the spot. Such individuals would need a photo ID and proof of their residence address.

The Senate Elections Committee also hears AB 2058, to make it illegal to pay registration workers on a per-registration card basis. Because the only method for qualified parties to remain qualified is to keep their registration up to at least 1% of the last gubernatorial vote, this bill would injure qualified minor parties who are seeking to increase their registration. The Peace & Freedom Party formally opposes the bill and is expected to send a representative to testify against it.

Finally, the Senate Elections Committee hears AB 2410, which would prohibit someone who has been convicted of certain kinds of felonies from running for any public office for twenty years. As applied to federal office, the bill would violate the U.S. Constitution.

The Assembly Elections Committee will hear SB 1272, which would extend the terms of political party central committeemembers from two years to four years. Elections for that office would only be held in presidential election years.

The Assembly Elections Committee will also hear ACA 10, which would make it much more difficult to qualify a statewide initiative to alter the state Constitution. It would require signatures of 8% of the last gubernatorial vote from each of 27 State Senate districts. Currently the signatures for any initiative can be gathered from anywhere in the state.

Massachusetts Legislator Says He Will Introduce a Bill Next Year to Undo the Harm done by Massachusetts Supreme Court’s Opinion of June 18

On June 18, Massachusetts Representative Dan Winslow (R-Norfolk) said he will introduce a bill in 2013 to let unqualified parties have flexibility to choose their presidential and vice-presidential nominees in the late spring or summer of election years. This bill has yet to be fleshed out. It might permit an unqualified party to circulate a petition to qualify itself, without the need to list any candidates to be listed on the petition. Already, 39 other states have such a procedure.

Winslow is virtually certain to be re-elected in November 2012, because no one is running against him. Winslow understands the problems with the Massachusetts Supreme Court’s opinion of June 18, because he has been the ballot access attorney for Americans Elect. He was already planning some other election reforms bills for 2013 as well.