Another California Bill to Create More One-Candidate General Elections for Congress and State Office

California State Senator Ricardo Lara (D-Bell Gardens) has introduced SB 712. Like AB 141, it would provide that write-in candidates in June primaries, for Congress or partisan state office, could not appear on the November ballot, even if they placed second in the primary, unless they get a substantial number of write-in votes.

In 2012, there were eight offices for which only one person filed to appear on the primary ballot. In six of them, however, a write-in candidate filed and naturally the write-in candidate (or one of them) then appeared on the November ballot. If this bill had been in effect at the time, none of the primary write-in candidates would have appeared on the November ballot. Instead of two races with only one candidate on the November ballot, California would have had eight such races. It is an insult to a voter to print a ballot with only one candidate on the ballot, and no write-in space, because there is no action for the voter to take that has any effect on the results.

UPDATE: Senator Lara has also introduced a proposed state constitutional amendment, SCA 12. SCA 12 would amend the top-two law to say that only one candidate would appear on the ballot if the candidate who came in second in the primary is a write-in candidate who received fewer than approximately 4,000 votes for US House, and approximately 100,000 votes for statewide office. Even if the legislature passes SCA 12, it would not take effect unless the voters vote for it. It is hard to imagine that the voters of California would vote for a measure to increase the number of one-candidate elections. FURTHER UPDATE: Assemblymember Jeff Gorell has also introduced a proposed state constitutional amendment, ACA 9, which is identical to SCA 12. The Legislative Counsel’s office told Assemblymember Gorell and Senator Lara that their bills would violate the California Constitution, so they will attempt to amend the California Constitution.

Six North Dakota Legislators Introduce Another Bill to Stifle Initiatives

Six North Dakota legislators have introduced HCR3011, which would make it illegal for initiative circulators to be paid. HCR 3011 also imposes a severe county distribution requirement on statewide initiatives, requiring a substantial number of signatures from each of 27 counties in the state. Here is the text of the bill.

Both aspects of the bill are unconstitutional. The U.S. Supreme Court struck down laws that make it illegal to pay circulators in 1988, in Meyer v Grant. And the U.S. Supreme Court struck down county distribution requirements for statewide petitions in 1969, in Moore v Ogilvie.

The bill also increases the number of signatures for statewide initiatives that change a statute, from 2% of the population of the state, to 3%. The six sponsors are: Representatives Al Carlson (R-Fargo), Jeff Delzer (R-Underwood), Bill Devlin (R-Finley), Dave Monson (R-Osnabrock), and Senators Tony Grindberg (R-Fargo) and David Hogue (R-Minot). Fortunately, if this bill passes, it cannot take effect unless the voters approve it.

This is the second attempt to injure initiatives. As reported earlier, the North Dakota Senate has already passed SB 2183, to require initiative circulators to have lived in North Dakota for two years. Thanks to Paul Jacob for this news.

Idaho Senate Passes Bill that Vastly Increases Difficulty of Putting Statewide Initiatives on the Ballot

On March 11, the Idaho Senate passed SB 1108, which requires statewide initiative proponents to obtain a substantial number of signatures in each of half the legislative districts in the state. All seven Democrats in the State Senate voted against it, but only three Republicans voted against it: Senators Clifford Bayer, Bob Nonini, and Steve Vick. The Senate vote was 25-10. However, at the hearing earlier, the public testimony had been overwhelming against the bill; see this description of the groups and individuals who testified on each side. Thanks to Paul Jacob for this news.