Court Rejects Request by California County Election Officials to Include Secretary of State in Lawsuit Over Petitioner Residency

Last year, a professional petitioner who lives in Wisconsin sued nineteen California counties, arguing that he should be permitted to circulate petitions in California. That case is Raymond v various county election officials, eastern district, 2:12cv-2215. The counties asked the court to bring the Secretary of State and the Attorney General into the case. Attorneys for the counties, many of which are small population counties, wanted the Attorney General and the Secretary of State to defend the constitutionality of the residency requirement, instead of having to do that themselves.

However, on May 3, U.S. District Court Judge Garland Burrell denied the request of the counties. He noted that a parallel case called Libertarian Party of Los Angeles County v Bowen is pending in U.S. District Court in Los Angeles, and said the Secretary of State and the Attorney General are handling that case. Judge Burrell also postponed the next hearing in his case from June 3 to June 17.

The two cases do not involve precisely the same issues. The Los Angeles Libertarian Party case only challenges California laws that require circulators to live in the district in which they are petitioning. But the Raymond case challenges the California law that bars out-of-state circulators. The California legislature could moot both lawsuits if it would just repeal the residency requirements for circulators. One bill to do that, SB 213, has already passed the Senate Elections Committee and will be heard in the Senate Appropriations Committee on May 23.

Bill to Put Right to Vote in U.S. Constitution Has Eleven Sponsors So Far

The proposed U.S. Constitutional amendment, putting the right to vote into the Constitution, now has eleven sponsors. It is HJR 44. The sponsors, all Democrats, are: Mark Pocan (Wisconsin), Keith Ellison (Minnesota), Matt Cartwright (Pennsylvania), William Clay (Missouri), Donna Edwards (Maryland), Al Green (Texas), Raul Grijalva (Arizona), Henry Johnson (Georgia), Barbara Lee (California), James McGovern (Massachusetts), and Janice Schakowsky (Illinois).

Pennsylvania Bill to Ban Fusion Moves Ahead

On May 15, the Pennsylvania House State Government Committee passed HB 1020. The bill, as originally introduced, makes it impossible for candidates for School Board (a partisan office) to file in the primaries of more than one party. However, the Committee amended the bill, to make it impossible for anyone to file in the primary of more than one party for any office.

The wording of the amendment is not yet available. It is not clear if the amendment will block candidates from receiving the primary nomination of a political party (that the candidate is not a member of) by write-ins at the primary. In every election, there are Republicans running for the Pennsylvania legislature who receive the nomination of the Democratic Party as well as the Republican Party, by write-ins in the primary. The same is true in reverse. For example, in 2012, there were nine Republican legislative nominees who also won the Democratic nomination, and appeared on the November ballot as the nominee of both major parties; and also there were four Democratic legislative nominees who also won the Republican nomination. Thanks to Michael Thompson for this news.