New Jersey State Appellate Court Hears Arguments on Reliability of State’s Electronic Voting Machines

Most counties in New Jersey use electronic voting machines that do not produce a paper trail. Critics of these voting machines filed a lawsuit in state court in 2004, Gusciora v McGreevey, which is still alive and is now called Gusciora v Christie. On March 5, the Appellate Division heard oral arguments on whether use of the machines threatens the accuracy of vote counts and whether use of the machines violates New Jersey’s Constitution. See this story, which describes the hearing.

The reason the case is so old is that the New Jersey legislature amended the law in 2005 to require a paper trail. However, the legislature subsequently postponed implementation of the paper trail, in 2007, 2008, and in 2009. The state says it can’t afford to alter the machines to provide a paper trail. Thus, the case remains alive. The lead plaintiff is Assemblymember Reed Gusciora, a Democrat from Princeton who is the Deputy Majority Leader of the Assembly. Here is the brief in opposition to the use of the machines.

New York Daily News Story Says New York Independence Party Got Large Donations from Republican State Senators

The New York Daily News and other media are reporting that a substantial portion of contributions to the New York state Independence Party in recent months has been from the Republican Party and Republican State Senators. See this story. Thanks to Bill Van Allen for the link.

The New York Working Families Party was a subject of this New York Times story in the March 5 print edition, but the story is sympathetic to the Working Families Party, and the inclusion here of this link does not mean to suggest that the two stories in this post are equivalent.

Oklahoma Senate Passes Bill Vastly Increasing Candidate Filing Fees

On March 5, the Oklahoma Senate passed SB 76 by 27-18. It increases candidate filing fees. U.S. House rises from $500 to $1,500; legislature from $200 to $400; U.S. Senate from $750 to $2,000; most state executive statewide offices from $200 to $1,000.

In Oklahoma, under current law, candidates who don’t pay the filing fee must submit a petition of 5% of the voters, a task that would cost far more than any of the filing fees, new or old. The bill doesn’t change this petition in lieu of filing fee. Thanks to Richard Prawdzienski for this news.

Briefing Schedule Set in Tenth Circuit in Case on Whether U.S. Constitution Requires Secret Ballot

The opening brief in Citizen Center v Gessler, 12-1414, is due on April 1, 2013 in the Tenth Circuit. This is the interesting case over whether the U.S. Constitution protects a secret ballot. The U.S. District Court had ruled on September 22, 2012, that nothing in the U.S. Constitution requires a secret ballot. The case had been filed originally to stop unique bar codes from being printed on Colorado ballots, because they make it physically possible for an employee of the elections office to learn how a particular voter voted.

Hawaii Bill, to Make it Easier for Political Parties to Exclude Candidates from their Primaries, Dies

On March 5, the Hawaii Senate sent SB 223 back to committee. That means it is almost certainly dead. The bill would have made it easier for parties to exclude candidates from their primaries. Current law requires a party to go to court if it believes that a candidate in the party’s primary does not agree with the platform. The bill would have given the state chair to exclude candidates, without going to court. The Hawaii Attorney General had opposed the bill.