Washington State Appeals Court Says Advisory Local Initiatives are not Permitted

On February 25, the Washington State Court of Appeals ruled that local initiatives that are only advisory are not permitted in the state. See the decision here in City of Monroe v Seeds of Liberty, 68473-6. An initiative petition had attempted to obtain a public vote on red-light traffic cameras in the city. The city has such cameras and the initiative proponents wanted to eliminate them.

The Appeals Court said that the legislature had not authorized cities themselves to determine whether to use red-light-cameras; the legislature had only authorized city councils to make that decision. Initiative backers said they still wanted their measure on the ballot as an advisory, non-binding measurement of public opinion, but the Court said the entire subject is off-limits for initiatives, whether binding or advisory.

An initiative, I-517, recently qualified for the statewide ballot in Washington state. It says that local and state initiatives that have enough valid signatures must be placed on the ballot, regardless of their subject matter. Under I-517, if an initiative passes and it is believed that the initiative is unconstitutional or unlawful, that must be adjudicated after the initiative passes, not before the election is held. Washington state voters will vote on I-517 in November 2013.

Texas Bill Would Make it a Felony for a Non-Relative to Deposit More than Two Mail Absentee Ballots in a Postal Pick-up Box

Texas Representative Cindy Burkett (R-Mesquite) has introduced HB 148, which would make it a felony for anyone to deposit more than two voted mail absentee ballots in a postal pick-up box, unless the person was a relative of the voters whose ballots were being deposited, or unless the person was an employee of a nursing facility. See this story about the bill’s hearing in the House Elections Committee on February 25. The purpose of the bill is to fight individuals who make a living collecting voted absentee mail-in ballots and take them to be mailed. Some of these individuals apparently try to influence the absentee voter to vote a certain way, or try to alter the voter’s voted ballot. But the bill’s solution to that problem seems somewhat attenuated.

According to the article, the committee held the bill but may try to work on some amendments.

Candidate in District of Columbia Special City Council Election Wins Challenge, Will Appear on Ballot

According to this story, Paul Zukerberg, a candidate for Washington, D.C., city council-at-large in an upcoming special election, will appear on the ballot. His petition was challenged, but the challenge process turned out favorably for him. The hearing officer said he has exactly 3,000 valid signatures, which happens to be the number required.

South Dakota Senate Defeats Bill to Weaken Political Party Nominating Conventions

On February 20, the South Dakota Senate defeated SB 82, which would have altered how parties nominate candidates for Attorney General, Secretary of State, Auditor, Treasurer, Land Commissioner, and Public Utilities Commission. Current law says party nominees for those positions are chosen in state conventions. The bill would have ended nomination by convention for those offices, and instead provided for primaries.

The vote in the Senate was 11-22. All Democrats who participated in the roll call supported the bill, but Republicans rejected it 4-22. Four Republican Senators who had voted for the bill in Committee voted against it on the Senate floor. The State Chair of the Republican Party had urged the defeat of the bill after it had passed Committee.