Constitutional Amendment Guaranteeing the Right to Vote Introduced in U.S. House

On May 13, two members of the U.S. House introduced a proposed constitutional amendment guaranteeing all adult citizens the right to vote. The sponsors are Keith Ellison (D-Minnesota) and Mark Pocan (D-Wisconsin). The bill number hasn’t been assigned yet.

The proposed amendment reads, “Section 1. Every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides. Section 2. Congress shall have the power to enforce and implement this article by appropriate legislation.”

If this were enacted, ex-felons and felons in all states were gain the franchise. It is not clear whether the amendment, if enacted, could be used to strike down restrictive ballot access laws for candidates. The U.S. Supreme Court has said in the past, “The right to vote includes the right of choice for whom to vote.” Certainly a voter in Oklahoma, a state that has prevented its voters from voting for anyone for President other than the Democratic and Republican nominees in each of the last three presidential general elections, would have a strong case against the Oklahoma ballot access laws. Thanks to Rick Hasen for news about the proposed amendment.

New Idaho Voter Registration Data

As of May 6, 2013, Idaho reports these voter registration figures: Republican 239,002; Democratic 55,254; independent or miscellaneous 439,715; Libertarian 3,156; Constitution 1,500.

Voter registration by party is new in Idaho. It only started in 2012. The tally last year showed far fewer members of parties, since the procedure was new and party totals essentially started from zero. The 2012 figures, for example, only showed 362 Libertarians and 225 Constitution Party members.

Colorado Legislature Adjourns, Does Not Pass Bill to Cancel Primaries for Parties with no Contests

The Colorado legislature adjourned on May 8. The session did not pass HB 1067, which would have provided that if a party has no primary contests, no primary ballots should be printed for that party. The Constitution Party, which is entitled to its own primary, will now have primary ballots for itself in 2014, even if there are no races with more than a single Constitution Party candidate.

Texas Edges Closer to Having Government, Instead of Parties, Handles Funds for Paying for Election Administration of Primaries

On May 10, the Texas House passed HB 3065, which continues a trend in Texas to have the government pay directly for the cost of holding partisan primaries. Ever since 1972, government in Texas has paid for party primaries. But the Texas method of payment has been unique in the nation. The Texas system, since 1972, has had the parties administer their own primaries, and then submit the bill for expenses to the state government, which then reimbuses the parties.

HB 3065 says that if the county election officials desire to bill the state directly, they may do so. That eliminates the party as the “middleman”. For the last few years, populous counties already had the ability to bill the state government directly, but HB 3065 extends this practice to all counties. Thanks to Jim Riley for this news.

Wyoming Constitution Party May Succeed in Qualifying a Statewide Referendum

On March 2, the Wyoming Constitution Party launched a referendum petition, which requires the signatures of 15% of the state’s registered voters, and is due May 28. The exact requirement is 37,606 signatures. The petition would ask for a public vote on SF 104, which the legislature passed in January 2013. SF 104 removes the elected Superintendent of Public Instruction from her position as chair of the state Education Department, and gives the Governor power to appoint someone instead.

The pace of signature collection has greatly improved this month, and there is some reason to belief the petition may succeed. See this story, which was written two weeks ago and does not discuss the pace of petitioning, but which does illustrate the growing support for the referendum. No statewide referendum petition has succeeded in Wyoming since 1996.