Briefs Filed in U.S. District Court in Defense of California Top-Two Details

On May 23, briefs were filed in U.S. District Court in Los Angeles in Chamness v Bowen, the case that challenges two particular aspects of California’s top-two election system (the ban on counting write-ins, and the discriminatory policy that lets some candidates show a party label, but not others). Here is the state’s brief. Here is the brief of former Lieutenant Governor Abel Maldonado, who has intervened in the case.

The state’s brief is interesting because it includes a copy of the sample ballot from the May 17 special U.S. House election in the 36th district. The intervenor’s brief is interesting because of its scornful, hostile tone. It says the rights at stake are “trivial” and “minor”. It opens by misquoting Albert Einstein, implying that the plaintiffs are “insane” for trying to win this case on summary judgment even though they did not succeed in getting injunctive relief earlier. They suggest that the attorney for the plaintiffs should be sanctioned because he didn’t discuss Burdick v Takushi in his brief. The intervenors also cite a case from Iowa in which the 8th circuit upheld Iowa’s failure to let people register as members of unqualified parties on voter registration cards, but they do not mention five other cases in which courts held that states must let voters register into unqualified parties.

Maine Bill, Easing Organizational Burden on Parties, Passes House

On May 23, the Maine House passed LD 142. Current law says each qualified party must hold at least one town caucus, each spring of even-numbered years, in every county. The bill relaxes the requirement somewhat, and says a party must hold at least one town caucus in at least 14 of the state’s 16 counties. The Green Independent Party, the only ballot-qualified party besides the Democratic and Republican Parties, had requested this bill.

Story Describes Advantages of Electronic Poll Books, as Being Used in Sioux Falls, South Dakota

This newspaper story describes the advantages of electronic poll books and scanners at the polling place. Sioux Falls, South Dakota’s School District will soon hold an election in which a voter within the district can vote at any of the ten voting locations, rather than just one particular location. Officials at that voting location scan the voter’s driver’s license or state ID card. Also, the voter signs in with an electronic signature. This system prevents anyone from voting with the same ID card more than once.

Vermont Trial Set in Case on Early Petition Deadline for Independent Candidates

Trudell v Condos will have a trial on July 14-15 in Vermont state court. This is the case that challenges the June petition deadline for independent candidates. See this story.

The state had tried to avoid this trial, arguing that the case should be dismissed summarily, but the Superior Court Judge in Washington County already denied the state’s motion for summary judgment.