The November 18 New York Times has an op-ed by Rick Hasen, a prominent professor of law at the University of California at Irvine, and an expert on election law. His op-ed explains how important the federal Voting Rights Act is just now, and also explains that backers of the Act worry that the Act may soon be declared partially unconstitutional. See one version of the op-ed here.
The Utah Foundation has just published a study of Utah’s unique primary system. Utah is the only state in which no one can get on a primary ballot for any non-presidential office unless the candidate has high support at a party nominating convention first. In Utah, if a candidate (for office other than President) doesn’t get at least 40% of the votes at the party’s pre-primary nominating convention, he or she can’t run in that party’s primary. See the Utah Foundation’s press release here. The press release has a link to the study. The Utah Foundation recommends that Utah provide easier access for candidates to run in party primaries.
Connecticut once had a system very similar to Utah’s current system, but a U.S. District Court declared it unconstitutional in Campbell v Bysiewicz, 242 F.Supp. 2d 164, in 2003. However, given the 2008 U.S. Supreme Court decision New York State Board of Elections v Lopez Torres, it is obvious that the Connecticut decision is no longer good law, and a lawsuit against the Utah system would not succeed, unless it was filed by a political party as applied to that party’s own nominating process.
Under existing New York state law, the 2012 primary (for all office except President) will be September 11, 2012. On November 17, the New York State Senate filed a brief in U.S. v State of New York, and asked the U.S. District Court to order the state to hold the primary instead on August 14 or August 21. The State Senate brief says, “The hope that the legislature will resolve this matter is not feasible.” The legislature is not in session and won’t be until January 2012.
In New York, Republicans control the State Senate and Democrats control the Assembly. New York Republicans want an August primary and New York Democrats want a June primary. The legislature has been deadlocked all year. The issue is in court because the federal government sued New York over a year ago, because the existing September 11 primary date makes it impossible for New York to obey the 2009 federal law that requires states to mail overseas absentee ballots no later than 45 days before any election. In 2012, 45 days before the general election is September 22. Given a September 11 primary there isn’t enough time to count the primary votes and then print up general election ballots and mail them by September 22.
The lawsuit has a hearing on December 1.
The only other states with a congressional primary on September 11 are Delaware, New Hampshire and Rhode Island. No state has a later congressional primary.
On November 17, the Arizona Supreme Court took jurisdiction in the lawsuit filed by the Chair of the Redistricting Commission, Colleen Mathis, and simultaneously reinstated her. Governor Jan Brewer had removed her, after the commission issued new districts for U.S. House that Republicans felt weren’t favorable to them. The Arizona Redistricting Commission has five members: two Republicans, two Democrats, and one independent. Mathis is the independent member. Here is the 2-page court order. The case is Arizona Independent Redistricting Commission v Brewer, cv-11-0313. Thanks to Rick Hasen for the link. Here is a news story, which includes the Governor’s reaction.
On November 16, the Rhode Island Republican Party voted to maintain the policy of letting independent voters vote in Republican primaries. Although a majority of delegates wanted to close the party’s primaries, the measure required two-thirds to pass, and the idea did not have that much support. See this story.
