Tacoma News-Tribune Carries Op-Ed Explaining Impact of Top-Two on Voter Choices in November

The January 31 Tacoma News-Tribune has this op-ed by John S. Mills, explaining that the Washington state top-two system has given voters greatly restricted choice in Washington state general elections. Mills focuses on the disappearance of minor party candidates from the November ballot.

Although his op-ed does not say so, minor party or independent candidates appeared on the November ballot in Washington state for Congress, or statewide office, or both, in all elections from statehood in 1890 through 2006. But when Washington switched to the top-two system, minor parties ceased appearing on the November ballot, except for President (top-two systems never apply to presidential elections), and except for a handful of legislative races in which only one major party member ran. Thanks to Will Baker for the link.

Kentucky Presidential Primary Filing Closes

On January 31, the Kentucky presidential primary ballots were set. The Republican ballot will list Newt Gingrich, Ron Paul, Mitt Romney, Rick Santorum, and uncommitted. The Democratic ballot will list President Obama and uncommitted.

Presidential candidates get on Kentucky primary ballots by presenting evidence that they are on the ballot in at least 20 other states, and by paying a filing fee of $1,000. The Kentucky primary is May 22.

Kentucky State Court Postpones Primary Filing for Legislative Candidates due to Redistricting Uncertainty

According to this story, a state court in Kentucky has postponed the filing deadline for legislative candidates running in major party primaries, for a week. This is because the district boundaries are under court challenge. The article also says that lawsuits over districting are occurring currently in 25 states.

Eleventh Circuit Upholds Florida Initiative On Redistricting

On January 31, the Eleventh Circuit upheld Florida’s new initiative that says when U.S. House districts are drawn, the legislature must not favor or disfavor any political party or any incumbent. Here is the 32-page decision, Brown v Florida House of Representatives, 11-14554.

The Florida initiative had been challenged by Democratic U.S. House member Corrine Brown, and Republican U.S. House member Mario Diaz-Balart. The U.S. District Court had also upheld the initiative. The two members of Congress had argued that Article One of the U.S. Constitution requires that only legislatures pass laws concerning congressional elections. But the Eleventh Circuit said that “legislature” within Article One includes the initiative process, because Florida’s constitution itself contemplates that the voters exercise legislative powers when they use the initiative. In a sense, the voters become the legislature. Thanks to Rick Hasen for the link. UPDATE: see this news story about the decision.