Virginia Attorney General Appears to Endorse Four Pending Ballot Access Bills

This Washington Post article about Virginia Attorney General Ken Cuccinelli, a Republican, says that he wants the legislature to ease ballot access. One paragraph says that he particularly endorses four particular bills. The article only identifies the bills by their sponsor, but it appears these are the four bills he favors: (1) HB 2213, by Delegate Joseph D. Morrissey (D-Henrico), which lowers all statewide petitions for all office, whether primary or general, from 10,000 to 5,000 signatures and creates an appeals process when a candidate is told he or she doesn’t have enough valid signatures; (2) HB 1346, by Delegate Mark Cole (R-Fredericksburg), which lowers only the presidential primary petitions from 10,000 to 5,000; (3) HB 1049, by Senator John Edwards (D-Roanoke), which lets inactive voters sign petitions; (4) HB 2147, by Delegate Richard L. Anderson, which requires that primary petitions actually be checked for validity (currently general election petitions are always checked for validity but primary petitions may not actually be checked).

Two bill sponsors not mentioned are Senator Richard Black (R-Leesburg), whose SB 690 has already passed all Senate committees and lowers all presidential petitions from 10,000 to 5,000; and Delegate Robert H. Brink (D-Arlington), whose HB 1898 repeals the ban on out-of-state circulators. A Libertarian Party lawsuit on that point is currently pending in the 4th circuit, so maybe, since Cuccinelli is Attorney General, he felt it would injure the state’s defense of the ban if he were to endorse that idea.

Cuccinelli is running for Governor this year, and he likely believes that being a champion of easier ballot access is popular with voters. The Democratic gubernatorial nominee is likely to be the former National Chair of the Democratic Party, who took the lead in 2004 in trying to keep Ralph Nader off the ballot in as many states as possible. Thanks to Rob Richie for the link.

Czech Republic Switches to Popular Election for President, Uses System Similar to France

Starting in 2013, the Czech Republic elects its President by popular vote. Previously, Parliament had chosen the President. Because the Czech Republic uses a parliamentary system, the Presidency is not endowed with a great deal of political power, but the Czech President does represent the nation, and chooses some judges.

The election law requires a candidate for President to have the endorsement of 10 Senators, or 20 members of the Chamber of Deputies, or submit 50,000 signatures. The Czech Republic has a population of approximately ten million; 50,000 is somewhat less than 1% of the eligible signers. Nine candidates qualified for the January 11-12, 2013 ballot. Three qualified by obtaining endorsements from members of Parliament, and six qualified with petitions. One of the six who qualified by petition was initially told she didn’t have enough valid signatures, but a court ruled that she did have enough.

No one polled as much as 50%, so a run-off was held two weeks later, which was won by Milos Zeman. Here is the wikipedia article about the election. Thanks to Thomas Jones for this news.

Wyoming Ballot Access Bill Advances

On January 28, the Wyoming House Revenue Committee passed HB 96, which makes it easier for a party to remain on the ballot. It now goes to the House floor. Current law requires a party to meet the 2% vote test every two years. The bill says that a party only must meet the vote test every four years. Thanks to Don Wills for the information, and also for his hard work bring the bill into existence.

U.S. District Court Rejects Former Congressman’s Defamation Lawsuit Against Anti-Abortion Group

On January 25, U.S. District Court Timothy S. Black, an Obama appointee, rejected the defamation lawsuit filed in 2010 by former Ohio Congressman Steve Driehaus. Here is the 7-page opinion, Susan B. Anthony List v Driehaus, 1:10-cv-720, southern district. Congressman Driehaus, who had represented Cincinnati, had been defeated in November 2010. He then sued the Susan B. Anthony List, an organization that fights legal abortion, because the List had threatened to erect billboards in the district before the election that would have said, “Shame on Steve Driehaus! Driehaus voted for taxpayer-funded abortions.”

The billboards were never actually erected, because the List had been threatened with prosecution. Ohio election law, since 1995, has said, “No person, during the course of any campaign for nomination or election to public office, shall knowingly…make a false statement concerning the voting record of a candidate or public official.” The List had responded by filing a federal lawsuit against that Ohio law, but when that did not succeed, Driehaus had filed his own lawsuit, arguing that the List had defamed him and caused him loss of livelihood. That is the lawsuit that has just been dismissed. Judge Black determined that the proposed billboard was not defamatory.

When this case had first been filed, Judge Black had been criticized because he had not recused himself, because he was President and Director of Planned Parenthood in Cincinnati before he was a federal judge. Thanks to Rick Hasen for the link to the January 25, 2013 decision.