Ninth Circuit Hears Case Against California’s Ban on Out-of-District Petitioners; Oral Argument Goes Well

On May 9, the Ninth Circuit heard oral argument in Libertarian Party of Los Angeles County v Bowen, 11-55316. This case challenges a California state law that makes it illegal for petitioners to work outside their home district, when they are circulating petitions to place candidates on the ballot for district office. The law also makes it illegal for petitioners to work outside their home county.

The panel consisted of Judges Harry Pregerson, Susan P. Graber, and Marsha S. Berzon. The judges seemed to believe that it is wrong for the California Secretary of State to say in court that she doesn’t enforce the requirement, when her web page says she does enforce it. One of the judges even said to the state’s attorney, “I suggest you advise your client to stop lying on the documents she promulgates to the public.”

Oklahoma House Appoints Conference Committee Members for Ballot Access Bill

The Oklahoma House has now appointed members to the Conference Committee that will consider the final shape of HB 1058, the bill to ease ballot access for newly-qualifying parties. The House members of the Conference Committee recently met and voted to continue to advocate for the original bill, which lowers the number of signatures in all election years to exactly 22,500 signatures.

The Senate had passed that bill but had amended it so it makes no changes at all in presidential election years, although the Senate version of the bill does improve ballot access in mid-term years. Thanks to Micah Gamino for this news.

Maine Legislature Passes Bill Eliminating State Income Tax Check-off for Political Parties

On May 16, the Maine legislature passed LD 1826, which eliminates the portion of the state income tax form that lets taxpapers send a small contribution to the political party of the taxpayers’ choice. The bill has been sent to the Governor.

This is bad news for the Green Party, which in the recent past has received approximately half its budget from the income tax receipts. In some years during the past decade, the Green Party has received more money from the fund than the Republican Party has.

Also on May 16, the legislature passed LD 1882, which provides for a study of whether Maine should re-enact provision for a presidential primary, and if so, when it should be held. If Maine brings back its presidential primary, it is likely that the state will try to have it very early in the year.

Federal Election Commission Gives Little Relief to U.S. Senator Dianne Feinstein

On May 15, the Federal Election Commission finally ruled on the extent to which a candidate for federal office may receive additional contributions from contributors who had already given the maximum, when the candidate’s campaign treasurer embezzles the money from the original contribution. The FEC ruled that if a contribution was deposited into any bank account controlled by the treasurer, that money cannot be replaced with a new contribution.

The ruling had been requested by U.S. Senator Dianne Feinstein, back in January. The only relief the FEC gave her is that if the original contribution was never deposited into any bank account connected with the campaign treasurer, then that contribution is deemed never to have existed, and the campaign can seek a new contribution.