Alabama Bill for Registration by Party

Posted on by April 7, 2013
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Alabama has always had open primaries. Alabama voter registration forms have never asked voters to choose a party. On April 4, three Republican State Senators introduced SB 405, which would provide that the voter registration form should ask voters if they wish to join any particular party. The Senators are Scott Beason of Gardendale, Phil Williams of Gadsden, and Rusty Glover of Semmes.

The bill says that primaries will then be closed; only registered party members will be allowed to vote in any particular primary. The authors seem not to be aware that the U.S. Supreme Court ruled in 1986 that the decision on whether independent voters should be allowed to vote in a partisan primary is a decision for the party, not for state government. The bill is very short and omits any details about whether voters will be allowed to register into an unqualified party. The bill also contains no detail as to how the transition from no registration by party, to registration by party, would occur. When other states have instituted registration by party, the law authorizing this always contained rules for the transition period.

As far as is known, this is the first bill ever introduced in Alabama to establish registration by party. Thanks to Joshua Cassity for the news.

Ninth Circuit Will Hear Challenge to Alaska Residency Requirement for Initiative Petitioners

Posted on by April 7, 2013
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On March 19, the Ninth Circuit determined that it will hear Raymond v Fenumiai, 13-35090. The Ninth Circuit determined the case is not appropriate for mediation. The issue is Alaska’s ban on out-of-state circulators for initiative petitions. The U.S. District Court, on February 8, 2013, had held that the plaintiff, Robert Raymond, lacks standing. He is a professional petitioner who complained that he would work in Alaska, except that because he is not a resident of Alaska, he can’t. The U.S. District Court said because he didn’t specify any particular initiative that he wants to work on, his complaint is too vague to be viable. Alaska says it will enforce the requirement, but the only penalty is that any signatures he collects will be invalid. Raymond will argue in the 9th circuit that he does have standing.

Cases challenging residency requirements for circulators are pending in Alaska, California, and Virginia. A potential lawsuit in Maine has probably been averted. Portland, Maine, won’t let non-residents circulate, but various Maine Greens, some of whom don’t live in Portland, desire to circulate a city initiative petition. It seems likely that the city will soon repeal the circulator residency requirement.

D.C. Circuit Sets Schedule for Libertarian Party Bequest Case

Posted on by April 7, 2013
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The U.S. Court of Appeals, D.C. Circuit, has issued procedural orders in Libertarian Party National Committee v Federal Election Commission, 13-5094. Paperwork for both sides is due April 29, and substantive motions are due May 13. This is the case on whether it is unconstitutional for the FEC to forbid the Libertarian Party from receiving its bequest of $217,734 all at once. The case will be heard by all the full-time judges of the D.C. Circuit.

Montana Democratic Legislators Try Parliamentary Maneuver to Stop Top-Two Primary Bill

Posted on by April 5, 2013
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Democrats in the Montana legislature are determined to block two election law bills, even though Democrats are in the minority in each house. See this story, which explains the maneuver. Democrats want to block SB 408, the bill to ask the voters if they want a top-two primary. They also want to block SB 405, which would ask the voters to repeal same-day voter registration.