Three-Judge Court Hears Hawaii Redistricting Case

On Friday, May 18, a three-judge U.S. District Court heard Kostick v Nago, 1:12-cv-184. This is the case that challenges Hawaii’s legislative redistricting. The plan removed from the census data all the college students who had not lived in Hawaii before they came to Hawaii to attend school, and it also removed all the military personnel who had not lived in Hawaii before they were assigned to military bases in Hawaii.

The state defends the plan by saying there is a procedure by which these students and military can fill out a form, saying they intend to remain in Hawaii in the future.

According to this story, at least one of the three judges expressed grave reluctance to postpone the August 11 primary. Filing for that primary starts on June 5.

Independent Party of Oregon Will Use Candidate Filing Fees to Help Pay for Private Mail Primary Ballot

The Independent Party of Oregon is ballot-qualified, but it doesn’t have registration equal to 5% of the state total. Therefore, it doesn’t qualify for a government primary. But because it is a very large party (with approximately 75,000 registered members) it desires to use a primary instead of a convention to nominate its candidates.

On April 30, the Oregon Secretary of State approved the party’s plan to charge candidates filing fees to run in the party’s privately-administered primary. The Secretary of State says this is permitted as long as the party’s bylaws include the details of the fee, and as long as the fee is applied uniformly to all candidates for the same office.

Candidates that run in government-administered primaries in Oregon pay filing fees to the government, in order to appear on primary ballots.

U.S. District Court Judge Sets New Hearing Date in Oklahoma Ballot Access Case

U.S. District Court Judge Timothy DeGiusti has set a June 7 hearing date in Libertarian Party of Oklahoma v Ziriax. This is the ballot access case filed by the Libertarian and Green Parties of Oklahoma. Briefs, or at least statements, will be filed in advance of that hearing date. The two political parties will probably argue that the case is ready for summary judgement on the constitutionality of the March 1 petition deadline.

Petaluma, California Newspaper Survey Indicates Proposition 14 “Top-Two” Election System Does Not Enjoy Majority Support

The Argus-Courier is a weekly newspaper in Petaluma, California, which has existed for almost 150 years. It recently conducted an on-line survey to determine attitudes toward the California Proposition 14 “top-two” (called an “open primary” by its supporters) system. On-line polls are not scientific, and furthermore the sample size was small. Nevertheless, the poll showed that more people are opposed to the system than in favor of it. See here.

California Bill to Make it Illegal to Pay Registration Workers on a Per-Registration Basis

Last year California Governor Jerry Brown vetoed a bill to make it illegal for anyone to pay registration workers on a per-registration card basis. However, the same bill has been re-introduced. Assemblymember Richard Pan, and Senator Lou Correa, have amended a non-election law bill that already passed the Assembly so that it imposes the ban. It is AB 2058, and will probably have a hearing in the Senate Elections Committee in June. If passed, it would take effect on January 1, 2013.

The only way qualified parties can remain ballot-qualified in California is by having registration equal to 1% of the last gubernatorial vote, which currently is 103,004 members (however, this doesn’t go into effect until November 2014). Neither the Libertarian Party, nor the Peace & Freedom Party, have that many registered members. They only feasible way for parties to increase their registration substantially has always been to pay people on a per-registration card basis. Persuading strangers on the street to register into a minor party is very difficult work, and paying on a per-registration basis is the only realistic way to substantially increase a party’s registration.

The reason for the bill is that recently, Republican Party activists hired a company to increase the number of registered Republicans, and the people who were hired committed fraud. It does not necessarily follow that the fraud would have been prevented if the ban on paying per-registration card had been in effect.