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Wisconsin Elections Board Rejects Challenge to “Insincere” Democratic Candidates

Posted on April 17, 2012 by Richard WingerApril 17, 2012

On April 17, the Wisconsin State Board of Elections (which is formally named the Government Accountability Board) ruled unanimously that it has no authority to remove candidates from the upcoming Democratic primaries, in the special gubernatorial and legislative recall elections, just because those candidates aren’t loyal to the Democratic Party.

Some individuals are running in the Democratic legislative recall primaries because, by guaranteeing that there are at least two Democrats running, the state must hold a Democratic primary, and that has the indirect effect of postponing the election itself from May to June. These individuals, from all the evidence, are partisan Republicans, and the Republican Party doesn’t want the special legislative elections to be in May; instead they want them in June, at the same time as the gubernatorial recall special election.

But, Wisconsin has had an open primary since 1907, and has never had voter registration by party. See this story.

Ninth Circuit Rules that Arizona Must Accept Federal Voter Registration Forms Without Any Extra State Questions

Posted on April 17, 2012 by Richard WingerApril 17, 2012

On April 17, an en banc panel of the 9th circuit ruled that federal postcard voter registration forms, authorized in 1993 by Congress, must be accepted as valid by Arizona. Arizona did not dispute that the federal voter registration postcard forms are valid, but insisted that it would not accept the forms without answers to extra questions mandated by the state.

Specifically, the state wanted the federal voter registration forms to include proof that the voter is a citizen. Arizona insisted that the federal forms include the voter’s Arizona state drivers license number or other state-approved ID. Arizona said that if the voter didn’t have such documents, he or she must attach proof of citizenship, such as a birth certificate, naturalization certificate, or a copy of a U.S. passport. But the Ninth Circuit said that when Congress passed the “Motor Voter” Act in 1993, which authorized the federal voter registration form, it did not intend for states to have the authority to add to the required information. The decision points out that Congress wanted to simplify voter registration, and attaching bulky documents to the postcard form mean that the postcard and its attachments must be enclosed in an envelope.

The decision hinges on the “Elections Clause”, the part of the original U.S. Constitution contained in Article One that says the federal government may, at any time, overrule state election laws on congressional elections. The decision is Gonzalez v State of Arizona, and has been pending in one federal court or another since 2005. The decision also declined to invalidate Arizona’s law that requires voters at the polls to show photo government-ID, but said that conceivably, with more evidence, that law might perhaps someday be held invalid. Thanks to Rick Hasen for the link.

John Wolfe, Jr. Plans to Sue Louisiana Democratic Party to Recognize His 3 Delegates to Democratic National Convention

Posted on April 17, 2012 by Richard WingerApril 17, 2012

John Wolfe, Jr., who won enough popular votes in the March 24 Louisiana Democratic presidential primary to receive three delegates to the Democratic National Convention, plans to sue the state Democratic Party because it won’t recognize his three delegates. See this story. After the primary was over, Wolfe appointed three delegates, but the state party says he should have appointed them late last year. Thanks to Randall Hayes for the link.

Sixth Circuit Clears Way for November 2010 Ohio Ballots to be Counted in Juvenile Court Race

Posted on April 17, 2012 by Richard WingerApril 17, 2012

On April 16, the 6th circuit refused to stay the U.S. District Court order in Hunter v Hamilton County Board of Elections, 12-3224. This is the long-running election dispute in Cincinnati, Ohio, over whether certain provisional ballots in a November 2010 partisan race for Juvenile Court Judge should be counted. The vote was 2-1. Judges Karen Moore and R. Guy Cole, Clinton appointees, were in the majority. Dissenting is Judge John M. Rogers, a Bush Jr. appointee. Here is the brief order. Thanks to Rick Hasen for the link.

Colorado Supreme Court Agrees to Hear Case Over Releasing Ballots After an Election

Posted on April 17, 2012 by Richard WingerApril 17, 2012

On April 16, the Colorado Supreme Court agreed to hear an appeal brought by the city of Aspen, over whether ballots can be released for public inspection after an election is over (assuming nothing identifies which voter cast which ballot). The city had been waiting since November 10, 2011, for the Colorado Supreme Court to say whether it would hear this case.

The Colorado State Appeals Court had ruled that activists concerned with the reliability of vote-counting machines have a right to examine ballots, after the election is over and elections officials have finished counting them. The city is fighting that ruling. See this story.