U.S. Justice Department Withdraws Objection to Kinston, North Carolina, Switching to Non-Partisan Elections

On February 10, the Voting Rights Section of the U.S. Justice Department formally withdrew its objection to the switch from partisan city elections, to non-partisan elections, in Kinston, North Carolina.

The voters of Kinston had voted to start using non-partisan city elections, but the Voting Rights Section had at first refused to approve the change. The Voting Rights Section says it changed its mind because of the increase in the black population of Kinston. The Voting Rights Section says now believes that Kinston black voters will be able to elect their preferred candidates, whether the city uses non-partisan elections or partisan elections. Thanks to TexasRedistricting blog for this news.

Oregon Legislative Proposal to List Abbreviations Instead of Full Party Names is Defeated

For the last few years, some Oregon election officials have been trying to get permission to stop printing the full names of political parties on general election ballots, and replace the full names with three-letter abbreviations. On February 23, the Oregon House Rules Committee considered an amendment to HB 4173 to authorize abbreviations.

But, after some publicity about the bill, the idea was not adopted. See this news story about the idea. The publicity seems to have helped defeat the idea. Only a handful of states use party abbreviations on ballots instead of the full name of parties. Among them are Hawaii, Virginia and some counties in Florida. Thanks to Dan Meek for this news.

Pennsylvania Democratic Congressman’s Primary Petitions Face Serious Challenge

Two Pennsylvania Democratic Congressmen, Jason Altmire and Mark Critz, are running against each other in the April 24th primary because Pennsylvania’s new districts put both of them in the same district, the 12th district in the western end of the state. On February 21, supporters of Congressman Critz filed objections to the primary petition of Congressman Altmire. The petition challenge will be heard in Commonwealth Court in Pittsburgh on March 2, at 9:30 a.m. The law requires primary candidates for U.S. House to submit 1,000 valid signatures. Altimire submitted 1,651 signatures.

The objectors say that 385 signatures were collected by a circulator who doesn’t live in the 12th district. The objectors say that certain other signatures on the petition are forgeries. And, of course, the objectors say that some of the signers aren’t registered voters, which is invariably true for all petitions that require a substantial number of signatures. The case is In re Nomination Petition of James Altmire, 114 M.D. 2012.

Pennsylvania and California are the only states that still enforce in-district residency requirements on petitioners. The Pennsylvania in-district residency requirement for circulators was held unconstitutional in 2002 by a U.S. District Court (Morrill v Weaver), but the state courts say that decision doesn’t matter because it only relates to independent candidate petitions, not primary election petitions. Residency requirements for petitioners have been held unconstitutional in Arizona, California, Colorado, Connecticut, Illinois, Kansas, Michigan, Nebraska, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Virginia, West Virginia, and Wisconsin. Thanks to Bill Van Allen for this news.

Kentucky Supreme Court Invalidates Legislative District Boundaries

On February 24, the Kentucky Supreme Court issued a two-page order, agreeing with a lower state court that the new legislative district boundaries are unconstitutional. Here is the lower court opinion, which struck down the new boundaries because the population of the districts deviates by almost 6%, and because too many counties were split.

The districts that were in use 2001-2010 will be used, unless the legislature is able to quickly draw up a new plan. Filing for the primary had already started. Candidates who now wish to withdraw will not get a refund on their filing fees, but they will be permitted to run regardless of their residency.

This development has no direct impact on independent candidates, or the nominees of unqualified parties. Those candidates are not required to file their petitions until early August, and are not required to file a declaration of candidacy until April. Kentucky has no ballot-qualified parties other than the Democratic and Republican Parties.