Constitution Party Loses Case over Kansas Voter Registration Forms

On April 27, U.S. District Court Judge Sam Crow, a semi-retired Reagan appointee, upheld Kansas’ policy of providing no write-in line on voter registration forms, concerning the voter’s choice of political party. Constitution Party of Kansas v Biggs, 10-4043. Here is the 17 page opinion. The Constitution Party is not ballot-qualified in Kansas but has placed nominees on the ballot through the independent candidate procedure.

The 10th circuit had ruled in 1984 that Colorado must provide write-in space on voter registration forms, so that voters could register as members of unqualified parties. Kansas is in the 10th circuit, so Judge Crow should have followed the 1984 decision, which is called Baer v Meyer. But, he said that if Kansas showed a blank line on the voter registration form, the voter filling in the form might have bad handwriting and it would be difficult for election officials to understand what the voter had written. This is not a good argument, because the same thing could be said about the voter’s address on the form, but somehow Kansas officials manage to cope with reading handwriting for addresses and other hand-written entries on the form. Also, Judge Crow said letting voters register into an unqualified party would make extra work for elections officials.

Ironically, the Libertarian Party of Kansas had filed a similar lawsuit in 1987, when it wasn’t a qualified party, and it had won the case. Kansas conceded the case, which was called Merritt v Graves, and started printing a blank line on voter registration forms so that voters could register as members of an unqualified party. But, then, in late 1990, the Libertarian Party successfully petitioned to become a qualified party, so the state then stopped printing the blank line on the voter registration forms. Judge Crow did not mention Merritt v Graves. The Constitution Party will probably appeal.

Hawaii Legislative Conference Committee Working Hard on Instant Runoff Voting Bill

A bill to provide for Instant Runoff Voting in special elections in Hawaii has passed both houses of the legislature, and it is taking the conference committee at least three meetings to iron out the differences between the House version and the Senate version. The conference committee for HB 638 met on April 26 and again on April 26. Now a third meeting of the conference committee has been set for April 28 at 8:30 p.m.

President Obama Posts his Birth Certificate on White House Web Page

On April 27, President Obama made public his birth certificate, which can be seen here. It will be interesting to see if the bills still pending in a few state legislatures, to require presidential birth certificates, continue to advance or not. The two bills that had seemed more likely than the others to pass are Oklahoma’s SB 91 and Louisiana’s HB 561.

Alabama House Passes Bill Moving Minor Party Petition Deadline to March

On April 26, the Alabama House passed HB 425, which moves the primary (in presidential years) for all office from June to the second Tuesday in March. An already-existing law, section 17-6-22(1), says that new parties must submit their ballot access petition on primary day. Therefore, if this bill is signed into law, the 2012 petition deadline would be March 13.

In 1991, the 11th circuit ruled in New Alliance Party of Alabama v Hand, 933 F 2d 1568, that the old petition deadline of April 6, combined with the requirement that the party submit a number of signatures equal to 1% of the last gubernatorial vote, would be unconstitutional. Nowadays the party petition in Alabama is 3% of the last gubernatorial vote. If a 1% petition due in April was unconstitutional, it is obvious that a 3% petition due in March would also be unconstitutional. Thanks to Josh Putnam of Frontloading HQ for the news about HB 425.

Bills Introduced in Legislatures of Guam and Northern Mariana Islands, for a Plebescite on Reunification

Bills have been introduced in Guam’s legislature, and also in the legislature of the Northern Mariana Islands, calling for a popular vote in each territory on whether the two should be reunified. See this story. Thanks to Michael Richardson for the news.

The two adjacent territories have not been united politically since Spain owned both of them. After the Spanish-American War of 1898, the United States required Spain to cede Guam. The United States was not especially interested in owning the other northerly islands in the same chain, so Spain sold the Northern Mariana Islands to Germany. During World War I and its aftermath, Germany lost them to Japan. Japan conquered Guam in World War II momentarily. After the war, the United States regained Guam as a territory, and the Northern Mariana Islands became a U.N. trusteeship under the direction of the United States. Later, the trusteeship was dissolved, and the Northern Mariana Islands became a commonwealth of the United States, similar in status to Puerto Rico. Both Guam (an unincorporated territory) and the Commonwealth of the Northern Mariana Islands send a non-voting Delegate to the U.S. House.