U.S. Court of Appeals in D.C. Upholds Section Five of U.S. Voting Rights Act

On May 18, the U.S. Court of Appeals in the District of Columbia upheld section five of the national Voting Rights Act. Section five is the part of the act that requires certain states and counties to get permission from the U.S. Justice Department before changing any election law. The vote was 2-1. Here is the decision. The decision was written by Judge David Tatel, a Clinton appointee, and co-signed by Judge Thomas Griffith, a Bush Jr. appointee. The dissent is by Judge Stephen Williams, a Reagan appointee. The case is Shelby County, Alabama v Holder, 11-5256.

The same panel also issued an opinion in LaRoque v Holder, 11-5349. That opinion is unanimous. That is also a challenge to the Voting Rights Act, brought by voters in Kinston, North Carolina, who were dissatisfied that the Voting Rights Section of the U.S. Justice Department had refused to let Kinston change from partisan city elections to non-partisan city elections. After this lawsuit was filed, the Voting Rights Section changed its mind and let Kinston make that change. The ruling in this case says that it is now moot. Thanks to Rick Hasen for the link.

Alabama Bill in Special Legislative Session to Create Registration by Party

Alabama’s legislature is now in special session. Senator Scott Beason (R-Gardendale) has introduced a bill to provide for registration by party in Alabama. By coincidence, in the special session, the new bill is SB 15, which happens to be the number of this year’s ballot access bill in the regular session (the regular session is now over, so the original SB 15 is dead).

The new SB 15 says that only registered party members may vote in primaries. This is a legal flaw, because in 1986 the U.S. Supreme Court ruled in Tashjian v Republican Party of Connecticut that states have no authority to tell parties whether to let independents vote in their primaries or not. Parties decide that for themselves.

The new SB 15 has been sent to the Taxation & Finance Committee, but is not scheduled for a hearing. However, the bill probably has substantial support, because in order for this bill to be introduced, Senator Beason had to have unanimous consent. Election law bills are not on the Governor’s call for the special session, so the special session can only consider election law bills that have unanimous consent to be introduced. It seems conceivable that Senator Cam Ward, author of the ballot access bill, might attempt to gain unanimous consent to re-introduce his ballot access bill. It did pass the Senate and the House committee in the regular session, so it has substantial support.

The new SB 15, on party registration, seems to imply that voters could register into unqualified parties. It has no authorization for any party to reject any voter’s registration. Current law in Alabama gives parties the ability to refuse to let individuals run in its primaries for political reasons. If this bill passed, and someone registers into a party, and files in its primary, that might make it impossible for major parties to continue to exclude certain candidates from their primaries on political grounds, if that person is a registered member of that party.

The bill does not address the question of whether someone must be a registered member of a party in order to file in its primary.

The author of the voter registration bill, Senator Beason, did vote in favor of the regular session’s ballot access bill. Perhaps he will amend his bill to include ballot access improvements as well.

Thomas E. Mann and Norman J. Ornstein Op-ed: “Want to End Partisan Politics? Here’s what won’t Work – and What Will.”

The Washington Post has this lengthy op-ed by Thomas E. Mann and Norman J. Ornstein, “Want to End Partisan Politics? Here’s What Won’t Work – And What Will.”

Mann, a Democrat, is a senior fellow at the Brookings Institution. Ornstein, a Republican, is a resident scholar at the American Enterprise Institute. They recently wrote a book together, “It’s Even Worse Than it Looks” about the behavior of Congress in recent years. They deplore hyper-partisanship and the tendency of many members of Congress to put party above country. The book also suggests that Republican members of Congress bear considerably more of the blame than Democratic members.

The op-ed is based on the book. Thanks to Rick Hasen for the link.

Americans Elect Won’t Nominate Anyone for President This Year

On May 17, Americans Elect announced that it will not nominate anyone for President this year. The announcement came at 5 p.m. eastern time. Here is the text of the press release, courtesy of Talking Points Memo.

The last sentence makes it clear that Americans Elect is in no way disbanding itself. Americans Elect leaders feel their party will be active in future elections. There are about twelve states in which the party will be on the ballot automatically in 2014, even if it has no nominees for any office in 2012. Also Americans Elect, at least for now, expects to continue petitioning in Texas and Idaho, the two states where the drive is quite far along, but isn’t finished.

New Voter Registration Tally in Oklahoma

As of April 30, the Oklahoma State Election Board has determined the number of registered voters in each party: Democratic 942,388; Republican 850,560; Americans Elect 5; independent 234,141.

The Oklahoma voter registration form has a blank line in the “political party” section, so anyone can register into any party, by writing in a selection in the blank line. However, the state will only tally the number of registered voters for the qualified parties, plus they will tally the number in an unqualified party if it has been on the ballot in the previous four years. No party has been ballot-qualified in Oklahoma other than the Democrats and Republicans since November 2000, except that Americans Elect qualified in March 2012.