Missouri Supreme Court Construes Residency Requirement for Legislative Candidates Liberally

On June 19, the Missouri Supreme Court ruled unanimously that the State Constitution’s one-year residency requirement for legislative candidates should be construed permissively. The case is Gray v Taylor, SC 92620. One incumbent Democratic legislator sought to keep her Democratic opponent off the Democratic primary ballot, on the grounds that he doesn’t live in the new district in which they are competing.

The State Constitution says the one-year residency requirement, in years after redistricting, is satisfied if the candidate lives in the same county “or” the old district. The candidate who was challenged lives in the same county, but he doesn’t live in the territory that comprises the old district or the new district. The State Supreme Court said he may run. Thanks to Rick Hasen for the link.

California Bill for Election-Day Registration Advances

On June 19, the California Senate Elections Committee passed AB 1436, the bill to permit individuals to register to vote on election day. See this story. Assuming it is signed into law, it won’t be in effect until 2015 at the earliest. By then there will be a means for polling place officials to check the state voter registration database to guarantee that the new voter isn’t already registered somewhere else.

The Senate committee also passed AB 2058, to make it illegal for registration workers to be paid “directly or indirectly” on a per-registration card basis. The vote was 3-2. The bill’s author, Assemblymember Richard Pan, said he will consider amending it later to ease the definition of “political party”. Representatives of the Peace & Freedom Party, and the Libertarian Party, testified that it is not fair to make it more difficult for parties to gain more registrations, and at virtually the same time eliminate them from the ballot unless they have approximately 105,000 registered members (Proposition 14, the top-two open primary, caused that problem).

The Senate Elections Committee also passed AB 2410, which says that persons convicted of certain types of felony may not run for public office. However, the bill was amended to apply only to state and local office; the bill no longer relates to federal office.

Also on June 19, the Assembly Elections Committee passed SB 1272, which says county central committee member elections are for four-year terms, not two-year terms. Candidates for this office will only run in presidential election years, at the primary. The Peace & Freedom Party and the Green Party persuaded the author of the bill to amend the bill, to provide that each state political party will decide for itself who is eligible to run for this office. The bill also expands the petitioning period for candidates to get on the primary ballot for this office.

The Assembly Elections Committee did not hear ACA 10, the measure to make it more difficult for initiatives (to change the California Constitution) to get on the ballot. That bill will probably be heard July 3.

Kathleen Curry May Become First Person to be Elected to Colorado Legislator, without a Major Party Nomination, since 1900

This newspaper story suggests that Kathleen Curry, independent candidate for Colorado State House, may win this year’s race in the 61st district. Curry almost won in November 2010 as a write-in candidate. In the November 2010 election, the vote was: Roger Wilson, Democrat, 9,657; Curry, write-in independent, 9,298; Luke Korkowski, Republican, 8,987.

Curry had to be a write-in candidate in 2010 because of a Colorado law that barred independent candidates who had been members of a qualified party during the year before filing. This year, there is no legal barrier to her being on the ballot as an independent.

Colorado voters haven’t elected anyone to the legislature, except Democratic and Republican nominees, since 1900.

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.