U.S. District Court Again Hears Arguments in Case over Privacy for Petition Signers

On October 3, a U.S. District Court Judge in Washington state heard oral arguments in Doe v Reed, the case over whether people who sign referendum petitions may block their names and addresses from being put up on a web page run by opponents of that petition. See this story. This case has already been to the U.S. Supreme Court and back down again. The U.S. Supreme Court said in general that there is no privacy right for voters who sign petitions, but there may still be a privacy right if the signers can show they are subject to harassment if their names and addresses are made public.

The judge indicated he is likely to rule in two weeks whether the names and addresses should be released. The petition involved whether or not to suspend a law passed by the legislature that permitted civil unions for same-sex couples.

New York Circulators Will Ask U.S. Supreme Court to Hear Their Case

The plaintiffs in Maslow v Board of Elections in the City of New York, who recently lost their lawsuit in the 2nd circuit, will ask the U.S. Supreme Court to hear their appeal. The issue is whether a state may make it illegal for anyone to circulate a petition to get a candidate on a partisan primary ballot unless the circulator is a registered member of the same party.

One of the weaknesses in the state’s position is that the state law makes an exception for an individual who is a Notary Public, or a Commissioner of Deeds. Such a person may circulate petitions to put a candidate on a primary ballot, no matter what party he or she is registered in. The state defends its restriction as a way to protect political parties from unwanted interference from members of another party, but that argument is undercut by the exception for Notaries Public and Commissioners of Deeds.

An interesting aspect of the lawsuit is that one of the plaintiffs who wants to circulate a petition is the wife of one of the candidates. Because the wife is a registered Democrat, she couldn’t circulate petitions for her husband, because he was running in a Republican primary.

Arizona Court Won’t Remove So-Called “Sham Candidate” from Legislative Special Election

On October 3, an Arizona Superior Court in Maricopa County declined to remove Olivia Cortes from the ballot in next month’s special recall legislative election. The ballot will continue to list three candidates. The case is Boettcher v Bennett, cv 2011-015853. See this post at Rick Hasen’s ElectionLawBlog, which has a link to the 9-page decision. The case had been filed by voters who had charged that one of the three candidates on the ballot was only running because supporters of State Senator Russell Pearce put her on the ballot, to increase the chances that Pearce would survive this special recall election. Opponents of Pearce wanted only one person on the ballot against Pearce. But the judge ruled courts have no business removing candidates from the ballot based on the motives of those candidates. UPDATE: here is an essay about why the judge was right, by Law Professor Anthony Tsontakis, who defended Cortes.

William H. Webster Supports Americans Elect

William H. Webster supports American Elect, according to this story. Webster was a judge on the 8th circuit between 1973 and 1978. Between 1978 and 1987, he was director of the FBI. From 1987 to 1991, he was director of the CIA. He is the only person who held both of those latter two jobs.

The story also reveals that Americans Elect will submit its Missouri ballot access petition early in 2012.

Horrible New York Ballot Design Illustrated

As reported previously, on September 13, New York held a special election for U.S. House, 9th district, with three candidates on the ballot. The only person running who wasn’t a Republican or a Democrat was Chris Hoeppner, the Socialist Workers nominee. He only received one-fifth of 1% of the total vote. This copy of the ballot shows why. Hoeppner was on a lower line than the other candidates. Even the write-in space, and a blank space for a Green Party nominee (if there had been one, which there wasn’t) were on the top line. An ordinary person would not perceive that Hoeppner was running in the U.S. House race.