Influential Figures Agree that Ohio Policy on Party Labels in Judicial Elections is Faulty, but Disagree on Solution

Two states, Michigan and Ohio, elect state judges in partisan elections, but both states have election laws that say party labels should not be on the ballot for judicial candidates, even though the candidates were nominated by political parties. In Michigan, party conventions choose nominees for Supreme Court Justice, and voters elect them in November, but the November ballot carries no party labels for these races, and voters must do independent research to learn which party nominated which candidate.

Ohio is somewhat similar. Voters in partisan primaries nominate candidates for Judge, and the winners appear on the November ballot. But, as in Michigan, party labels are not printed on the November ballot in these races, and voters must do independent research to know which party put which candidate on the ballot.

Recently, the Ohio Supreme Court Chief Justice, Maureen O’Connor, told the State Bar that judicial partisan primaries should be eliminated, in favor of non-partisan primaries and elections. But Democratic Party state chair Chris Redfern, who apparently was at the same meeting, disagreed, saying the existing partisan primary system should be preserved, but that party labels should be placed on general election ballots. See this story.

In July 2010, the Ohio Democratic Party filed a federal lawsuit, to force the state to print party labels on general election ballots for judicial candidates. On August 19, 2010, U.S. District Court Susan Dlott refused to grant injunctive relief, but she still hasn’t ruled on declaratory relief. The opinion could come at any time. The case is Ohio Council 8 American Federation of State, County and Municipal Employees v Husted, southern district, 1:10cv-504. Thanks to Rick Hasen for the link.

Idaho Sheriff, Elected in 2012 as a Republican, Changes His Registration to Libertarian

Kevin Halverson, who was elected Sheriff of Minidoka County, Idaho, as a Republican in 2004, and re-elected as a Republican in 2008 and 2012, has changed his voter registration to Libertarian. See this story. Minidoka County has a population of 20,069 and is primarily an agricultural county in the Snake River Valley.

Minidoka County has not traditionally been a center of strength for the Idaho Libertarian Party. In 2012 Gary Johnson polled 1.45% of the vote in Idaho, but only .79% in Minidoka County. In the ten presidential elections in which the party has been on the Idaho ballot, the county gave a smaller share of the vote to the Libertarian nominee than that nominee did in the state as a whole, except in 1976 and 2008.

Halverson’s term will be up in 2016.

Many Texas Election Law Bills Die

May 9 was the deadline for Texas bills to have passed their house of origin. Many election law bills of interest failed to meet this deadline. That includes all the bills that would have revised the straight-ticket device; the bill to require birth certificates for candidates; the bills to establish a top-two primary; the bill to choose presidential electors according to the proportion of the popular vote within the state; and the bill to elect state judges in nonpartisan elections.

HB 3103 did pass the House by the deadline. Among other things, it requires the Secretary of State to study the effect of changing the March presidential primary date, and to report to the 2015 session of the legislature.

HB 3101 also passed the House. It moves the deadline for a write-in candidate to file a declaration of candidacy to the same deadline for candidates who appear on the ballot. Of course, this change ignores one of the chief purposes of having write-in space on the ballot, which is to give voters an option if the candidates who qualify for the ballot turn out to disappoint the electorate. Thanks to Jim Riley for this news.