U.S. District Court in Ohio Rules Ohio Secretary of State Jon Husted is Still Bound by Consent Decree on Provisional Ballots Agreed to by Previous Secretary of State

On July 9, U.S. District Court Judge Algenon Marbley ruled that Ohio Secretary of State Jon Husted must continue to abide by a consent decree agreed to by his predecessor Secretary of State, Jennifer Brunner. Husted is a Republican and Brunner is a Democrat. The consent decree provides that provisional ballots are valid when they are cast in the right building, but the wrong precinct, and if the provisional voter revealed the last four digits of the Social Security Number when voting provisionally, and if the error was made due to polling place official error.

Apparently Ohio has many polling places in which multiple precincts vote in the same building. The case is Northeast Ohio Coalition for the Homeless v Husted, 2:06-cv-896. It is not known if the Secretary of State will appeal.

This lawsuit is one of at least three lawsuits on the same subject, that have been in both federal court and state court, and have been all the way to the U.S. Supreme Court and back. The other lawsuits are Hunter v Hamilton County Board of Elections, in federal court (which appears to be finally over), and State ex rel Painter v Brunner, from the Ohio Supreme Court earlier this year.

Ohio election officials have probably spent millions of dollars in these cases. One wonders why the Ohio legislature doesn’t act to amend the law, to conform it to the federal consent order. Why would anyone of good intent want to disallow a provisional ballot that was cast in the wrong place in a building, but in the correct building, if the mistake is not the voter’s fault?

San Francisco Board of Supervisors Vote on July 10 Whether to Ask Voters to Partially Curtail Ranked Choice Voting

The San Francisco Board of Supervisors will vote on Tuesday, July 10, on a measure that would ask the voters in November 2012 if they wish to curtail the use of Ranked Choice Voting in Mayoral elections. Public comment is permitted, and the discussion will start at approximately 2:45 p.m. One measure would eliminate Ranked Choice Voting for Mayoral races and substitute a September election. If no one got 65%, there would be a run-off in November.

Another proposal would make the same change, but for all citywide executive positions, not just Mayor. A third proposal would retain RCV for all office, but for Mayor only, if no one got a majority of First Choice votes in November, there would be a December run-off.

Arkansas Democratic Nominee for U.S. House, 3rd District, Withdraws; Race is Now Between Republican, Green, and Libertarian

On July 9, Ken Aden, the Democratic nominee for U.S. House, Arkansas 3rd district, withdrew. As a result, the November ballot will contain three candidates: Republican incumbent Steve Womack, Green nominee Rebekah Kennedy, and Libertarian nominee David Pangrac. See this story, which does not mention Pangrac but which ought to do so. The 3rd district is the northwest corner of the state.

Socialist Party Petitions to Place Two Indiana Legislative Candidates on Ballot

The Indiana Socialist Party says it has collected enough signatures to place two legislative candidates on the November ballot. Both of them will be the only opponents to incumbents who are running for re-election. Ron Haldeman is running for State House, 94th district, against an incumbent Democrat. John Strinka is running for State House, 39th district, against an incumbent Republican. These are the first Socialist Party nominees to appear on the Indiana ballot since 1948.

California Superior Court Upholds New Law, Putting Constitutional Amendment Initiatives on the Ballot Ahead of Other Initiatives

On July 9, a Superior Court Judge upheld a recent California law change that puts constitutional amendment initiatives on the ballot first, and puts ordinary initiatives on the ballot below them. See this story. UPDATE: as a result of the Court ruling, the Secretary of State says that Jerry Brown’s initiative will be Proposition 30, and Molly Munger’s initiative will be Proposition 38. They both raise state income taxes for certain categories of income.