California Green Congressional Candidate Excluded from Campus Debate Because He is Judged Unlikely to Place in the Top Two

On April 30, the California State University at Northridge (in Los Angeles) Student Association sponsored a debate for candidates running for U.S. House in the 30th district. This is one of the best-known U.S. House races in California this year, because it pits two Democratic incumbent Congressmen against each other, Howard Berman and Brad Sherman. Redistricting forced them to run against each other.

Under the California top-two system, all seven candidates in this race will appear on the June 5 primary ballot. There are three Democrats, three Republicans, and one Green, Michael W. Powelson, a former history professor at this very school and also at LA Valley College. Powelson has a PhD from Columbia University and is endorsed by the Green Party.

The debate organizers determined that they would only invite candidates whom they expected had a chance to place first or second, so they invited the two incumbent Congressmen, and two Republicans. The debate organizers explain their reasoning here. They felt 7 candidates on the stage is too many.

This incident shows that the top-two system cannot give minor party candidates a realistic chance to appear in candidate debates. If the only candidates in the primary season who will be invited to debate are those perceived to be the front-runners, that becomes self-fulfilling. Minor party candidates won’t qualify for the November ballot, nor can they be write-in candidates in November, so they never get a chance for full exposure. UPDATE: see this coverage from IndyBay.

South Carolina Supreme Court Hears Ballot Access Case

On May 1, the South Carolina Supreme Court heard Anderson v South Carolina Election Commission. Over 100 candidates running in Democratic and Republican primaries on June 12 were put on the ballot even though they didn’t file a Statement of Economic Interests by the deadline. A voter then sued the Commission, arguing those candidates should be kept off the ballot. A decision is expected this week. See this story.

Alabama Secretary of State and Others Oppose Some Provisions in Ballot Access Bill

On May 2, the Alabama House Constitution, Campaigns & Elections Committee held a hearing on SB 15, the bill that eases the number of signatures for independent candidates (for office other than President) and newly-qualifying parties. The bill also moves the petition deadline for newly-qualifying parties from March to May.

The Alabama Secetary of State’s office sent a representative to oppose the part of the bill that moves the petition deadline for newly-qualifying parties from March to May. Also, the Probate Judges Association sent a representative to oppose the part of the bill that cuts the number of signatures for independent candidates. Probate Judges are elected in Alabama on a partisan basis, and presumably all of them are major party members, and they dislike increased competition. However, the bill does not lower the number of signatures for independent candidates for county office, just federal and state office.

The Committee sent the bill to a Subcommittee on Campaigns and Elections, headed by Representative Paul DeMarco. His staff is researching how Alabama ballot access laws compare with the laws of other states. For Presidential elections, for procedures that allow a party label, Alabama requires more signatures than any other state except California, Georgia, North Carolina, and Texas. The requirement in Alabama is 44,829 this year, if a party label is to be allowed. It is possible the North Carolina legislature will lower the requirement this month.

Alabama Independent Candidate Petition Invalidated, Even Though Elections Officials Don’t Really Know How Many Signatures are Required

Michael Noe has been kept off the Alabama ballot as an independent candidate for Madison County Commission, because elections officials say he doesn’t have enough valid signatures on his petition. See this story. The story also reveals that election officials are unable to know exactly how many signatures are required. The law says he needs 3% of the votes cast within the district for Governor in 2010. However, because redistricting has occurred since 2010, no one knows exactly how many votes were cast in the territory contained in the new district. The new district boundaries split precincts.

So, election officials simply divided the number of votes cast for Governor in 2010 in the entire county by the number of County Commission districts, and just assume Noe’s district had an “average” number of votes cast in 2010.

Sixth Circuit Sets Hearing Date in Ohio Ballot Access Case

On July 24, the Sixth Circuit will hear Libertarian Party of Ohio v Husted, the case in which the Libertarian Party had won injunctive relief against Ohio’s February 2012 petition deadline for newly-qualifying parties.

The Secretary of State did not appeal, but the Ohio legislature then intervened in the case so that it could appeal. The hearing will be at 1:30 p.m. in Cincinnati. The appeal is peculiar, because after the Ohio Libertarian Party won injunctive relief against the February 2012 deadline, the deadline reverted back to November 2011. One wonders why the legislature is bothering to appeal an injunction when the law at issue doesn’t even exist any longer.

In 2006 the Sixth Circuit had ruled that a deadline of November of the year before the election is unconstitutional. The current Ohio law still has that deadline, in effect. SB 295, which cancels the referendum on the 2011 omnibus election law bill, passed the House informally on April 25 and will probably pass the House formally when the House returns on May 8.