On April 19, the Rutgers University Student Assembly, and several other groups, along with individual voters, filed a lawsuit against the New Jersey law that sets a 21-day advance registration deadline for people to register to vote. The case is Rutgers University Student Assembly v Middlesex County Board of Elections, superior court, Middlesex County. The lawsuit is based on the New Jersey Constitution. It argues that given modern technology, there is no need to close off voter registration as much as three weeks before any election. The complaint suggests that there is no strong state interest not to let voters register on election day. Thanks to Frank Askin for this news.
Kentucky holds elections in November 2011 for all the statewide state executive posts, including Secretary of State. The Democratic and Republican primaries are May 18. Two Republicans are running against each other for the party’s nomination for Secretary of State. Bill Johnson and Hilda Legg debated each other on April 18. Here is a four-minute you tube, in which Michael Lewis, calling in, asked each candidate whether independent voters should be allowed to vote in major party primaries. Johnson said “yes”; Legg said “no.”
Neither candidate is an office-holder currently. Neither candidate mentioned that if the Republican Party wants to invite independents into its primary, it need not wait for the legislature to authorize a bill on that subject. Political parties with their own primary have a constitutional right to invite independents to vote into their primary, regardless of state law, as a result of the 1986 U.S. Supreme Court decision Tashjian v Republican Party of Connecticut.
In one week, the Georgia Elections Advisory Council will hold its first public meeting. The purpose of this meeting is to let Georgia residents express themselves about problems with Georgia’s election laws. The first meeting is Wednesday, April 27, at 10 a.m., in room 341 of the Georgia state Capitol.
Anyone can speak about any topic for three minutes. It is possible to pre-register to speak, although this is not a requirement. To pre-register, go to www.sos.ga.gov/GAEAC. Members of the public are free to hand out written material to the members of the Council. The Council includes one Libertarian, and also includes the state’s only independent state legislator, Rusty Kidd, so there will be at least a few sympathetic ears on the Council to anyone who raises ballot access.
Georgia has the nation’s worst ballot access law: specifically, the Georgia law on ballot access for minor party and independent candidates for U.S. House. The law was stiffened in 1964 and ever since then, it has never been used successfully. There is no other ballot access law in the nation that approaches that level of disuse. The founding fathers expected U.S. House elections to be the most democratic aspect of the federal government. The original Constitution provided that the only branch of the federal government chosen directly by the voters was the U.S. House of Representatives. But Georgia has turned that concept upside down, and has a law that, in effect, prohibits anyone from being on the ballot for that office unless the person is the nominee of the Democratic or Republican Parties. The law requires a huge number of signatures, up to 20,000; and requires that the candidate pay a filing fee of approximately $5,000 before the petition is due and before the candidate can know if the petition is valid; the law requires each petition sheet to be notarized, which is also expensive; and the law disqualifies the work of any notary public who himself or herself circulates even one sheet. The petition cannot be circulated during an odd year and is due in early July. Thanks to Garland Favorito for the reminder about the hearing, and the details about the time limit for speakers, and the option to pre-register.
On April 19, the Arizona legislature passed HB 2304. This is the Secretary of State’s omnibus election law bill. It says that when a new or previously unqualified party qualifies for the ballot, it is then entitled to be on the ballot for the next two elections, not just the next election. Assuming Governor Jan Brewer signs the bill, the Green Party will be on the 2012 ballot automatically. This will be the first time the Arizona Green Party has ever approached an election year, already on the ballot.
The bill also legalizes out-of-state circulators for all types of petition.
On April 19, the Washington legislature passed SB 5119, which eliminates the 2012 presidential primary, and which also apparently eliminates public elections for Washington state precinct committee officers, which is a political party office. Thanks to Josh Putnam of Frontloading HQ for this news.