Virginia Ex-Felon Wins Right to a Trial on Whether Virginia’s Limit on Ex-Felon Voting was Passed for a Racially Discriminatory Reason

Posted on by March 25, 2013
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On March 22, U.S. District Court Judge John A. Gibney ruled that Sa’ad El-Amin is entitled to a trial, in his lawsuit that alleges Virginia’s restrictions on ex-felon voting was motivated by an attempt to disenfranchise racial minorities. The U.S. Supreme Court has previously ruled that states may ban voting by ex-felons, but if the motivation for the ban was racial animus, then they cannot, according to Hunter v Underwood, a 1985 decision of the U.S. Supreme Court that arose in Alabama.

The case is El-Amin v McDonnell, 3:12cv-538. The opinion acknowledges that it will not be easy for El-Amin to win, because the Virginia restrictions on ex-felon voting were passed before the Civil War. However, the matter is complicated, and the Virginia Constitution of 1870 re-enacted the restrictions at a time when there was an opportunity for blacks to vote in Virginia (the 15th amendment was ratified on February 3, 1870, before the 1870 re-enactment of the Virginia restrictions).

Virginia does permit ex-felons to register to vote, but only if they go through a complicated application process. Thanks to Rick Hasen for this news.

Democratic National Committee Arranges for Robocalls to Ten Pennsylvania Republican Senators, to Stop Electoral College Bill

Posted on by March 25, 2013
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According to this Politico story, the Democratic National Committee has arranged for robo-calls to constituents of ten Republican State Senators in Pennsylvania, asking these constituents to ask their Senator to oppose SB 538. That is the bill to provide that the popular vote for president in Pennsylvania should be used to proportionally allocate the presidential electors. In other words, candidates that got 40% of the popular vote would get 40% of Pennsylvania’s electoral votes.

Pennsylvania is probably the only state that has a realistic chance of passing a bill this year to provide that a state’s electors should be split among more than a single presidential candidate. Although Michigan House Majority Whip Pete Lund says he is interested in introducing a bill to provide that each U.S. House district should choose its own presidential elector, and although Michigan Secretary of State Ruth Johnson says she supports that idea, the bill has not been introduced and probably won’t be for months, if at all.

Arizona Bill Advances, Would Ask Voters in 2014 to End Public Funding of Campaigns

Posted on by March 25, 2013
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On March 19, the Arizona Senate Elections Committee passed HCR 2026, which would put a ballot measure on the 2014 ballot. It would ask voters if they wish to stop funding campaigns for state office. The proposal would ask if the voters would rather send all the money now spent on campaigns to schools instead. The vote in Committee was 4-3.

The measure had passed the House on March 7 by 31-27. All Republicans except these five voted “Yes”: Brenda Barton, Doris Goodale, Ethan Orr, and Michelle Ugenti voted “no”, and Kelly Townsend didn’t vote. All Democrats who voted, voted “No.”

Funding for the existing program for public funding of campaigns comes from surcharges on criminal and traffic fines.

New York Bill, Mandating an Easier-to-Read Ballot, Moves Ahead

Posted on by March 25, 2013
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On February 21, New York Assembly bill 204, the “ballot-friendly act”, was placed on third reading in the Assembly. It had passed the Assembly Election Law Committee on February 12. It requires that the names of candidates be in type that is no smaller than Font size 12 (one-sixth of one inch). It also says the names of all candidates for the same office shall appear in the same column or row, unless no alternative is possible.

In the special election for U.S. House, 9th district, held September 13, 2011, there were only three candidates on the ballot: the Democratic-Working Families-Independence nominee David Weprin, the Republican-Conservative nominee Bob Turner, and the Socialist Workers nominee, Christopher Hoeppner. The ballot listed Weprin, Turner, and the write-in line on the upper line. But it put Hoeppner on a lower line, all by himself. As a result most voters probably didn’t even notice Hoeppner’s name, and he polled only 143 votes (.2%). A204, if it had been in effect, would have not allowed this ballot format.

Oklahoma Bill that Doubles Candidate Filing Fees Advances

Posted on by March 25, 2013
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On March 25, the Oklahoma House Subcommittee on General Government (part of the Committee on Budget and Appropriations) passed SB 76 by 5-1. This is the bill that doubles candidate filing fees. The new fees will be: legislature $400; Governor $3,000; U.S. Senate $2,000; U.S. House $1,500; other statewide state executive office $1,000. The bill had already passed the State Senate. Thanks to E. Zachary Knight for this news.