California Bill Advances, Would Require Initiative, Referendum, and Recall Circulators to Carry Petitions in Languages Other than English

Posted on by August 21, 2012
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On August 21, the California Assembly passed SB 1233, would requires circulators of initiative, referendum, and recall petitions to have in their possession while they are working copies of their petitions in the same languages (other than English) that are sometimes printed on ballots. In Los Angeles County, that will mean eight sets of petitions. See this story. Proponents of these types of petition would also be required to tell the Secretary of State which counties they will be working in, before starting to circulate the petition.

The bill had passed the State Senate on May 29, but it has been amended since then, and must return to the Senate.

Under Threat of Hundred Thousand Dollars in Court Costs, Constitution Party Withdraws its Pennsylvania Petition

Posted on by August 21, 2012
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On August 21, Pennsylvania attorneys for the Republican activists who are challenging the Constitution Party’s petition told leaders of the party that if they withdrew their statewide petition by 3 p.m., the challengers would not seek court costs. Therefore, the Constitution Party, which had already spent over $50,000 on its Pennsylvania petition, withdrew that petition. Court costs would probably exceed $100,000.

The party had submitted approximately 35,000 signatures. The state requires 20,601.

West Virginia Secretary of State Says Libertarian Petition is Valid; Randall Terry Petition Still Being Checked

Posted on by August 21, 2012
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This year, only two statewide independent or minor party petitions were submitted in West Virginia for statewide office. The Libertarian petition, listing Gary Johnson for President and David Moran for Governor, has enough valid signatures. The state is still checking the other petition, for Randall Terry as an independent presidential candidate.

The ballot-qualified parties in West Virginia are Democratic, Republican, and Green (the name of the Green Party in West Virginia is the Mountain Party).

Tennessee Approves Independent Presidential Petitions for Gary Johnson and Merlin Miller, but Says Rocky Anderson Lacks 20 Valid Signatures

Posted on by August 21, 2012
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Tennessee has verified the validity of the independent presidential petitions for Gary Johnson and Merlin Miller, but says the Rocky Anderson petition only has 255 valid signatures, and 275 are needed. Anderson volunteers will work with election officials to find signatures that may have been improperly rejected.

The Green Party and Constitution Parties didn’t need independent presidential petitions because they are ballot-qualified parties.

Ninth Circuit Sends Case over California Residency Requirement for Circulators to Mediation

Posted on by August 21, 2012
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On August 21, the Ninth Circuit issued an order in Libertarian Party of Los Angeles County v Bowen, the case over California’s residency requirement for petition circulators. The law says they cannot work outside of their home district. California and Pennsylvania are the only states that still have residency requirements within a district for petition circulators, and the Pennsylvania requirement has been declared unconstitutional, at least as applied to general election petitions.

California had argued that because it doesn’t enforce the law, the plaintiffs don’t have standing. Plaintiffs had argued that the Secretary of State’s web page misleads people, because it mentions the requirement and does not say that it isn’t enforced. By contrast, the Secretary of State’s web page also mentions the one-year residency requirement for candidates for the legislature, but an asterisk on the web page says that requirement is not enforced.

Presumably, in mediation, the plaintiffs will ask that the Secretary of State’s web page indicate that the residency requirement for circulators is not enforced, and also that the Secretary of State redesign the petition forms so the circulator is no longer forced to sign a declaration that he or she lives in the district.