For the first time in history, there are now state legislative districts in the United States with population of over 1,000,000. The 2010 census figures find eight such districts in California, and two in Texas. Those are the two most populous states, and yet each of them has a surprisingly low number of State Senators. California has 40, and Texas has 31. See this story. Thanks to Michael Warnken for the link.
On March 10, the Nebraska Senate passed LB 399, which eliminates the county distribution requirement for statewide non-presidential independent candidates. The bill has no effect on the number of signatures needed, which continues to be 4,000. But it eliminates the need to collect 50 signatures from each of 31 counties. Instead, there must be 750 signatures from each of the three U.S. House districts. The new distribution requirement would permit a statewide candidate to confine his or her petitioning to just three populous counties, if the candidate wishes.
The old distribution requirement had been passed in 2007, and no one had ever completed the statewide non-presidential independent petition since then.
Pennsylvania is now the only state in the nation with a county-based distribution requirement for statewide candidate petitions. These county-based distribution requirements were declared unconstitutional in 1969 by the U.S. Supreme Court in Moore v Ogilvie. The Pennsylvania county-based distribution requirements only affect candidates seeking a place on a primary ballot. In 1979 a federal court in Pennsylvania ruled that state’s county-distribution requirement unconstitutional, but the Pennsylvania legislature responded by only repealing it for candidates for president and U.S. Senate. It continues to exist for gubernatorial candidates and candidates for statewide judicial races.
LB 399 is the first bill, improving ballot access, that has passed a legislature so far in 2011. The bill only passed because a lawsuit is challenging the law. Assuming the Governor signs LB 399, that part of the lawsuit will now be moot. Another point in the lawsuit challenges the ban on out-of-state circulators. That part of the lawsuit has a trial next month. The lawsuit is called Citizens in Charge v Gale, 4:09-cv-3255.
David Harmer, Republican nominee for U.S. House, 11th district, last year, is quoted in this story as praising California’s Proposition 14 because it keeps minor party candidates out of the general election. Harmer is the son of former Lieutenant Governor John Harmer.
The story also quotes Markham Robinson, Secretary of one faction of the American Independent Party, as saying that Proposition 14 may someday help minor party candidates. The data suggest otherwise. There have been 775 instances in the United States at which minor party candidates ran for state or federal office in blanket primaries or top-two primaries. Out of those 775 instances, there are only 2 at which a minor party member ever placed first or second (ignoring the obvious cases at which only one major party person ran). Even minor party candidates with the potential to win the election virtually never place first or second in the primary, because during primary season, voters are more interested in determining which major party candidates advance. Voters generally only pay attention to minor party candidates after the primary is over. For example, Jesse Ventura only polled 3% in Minnesota’s open primary in mid-September 1998, but he was elected as the Reform Party nominee in November 1998. The Minnesota example, however, is not an instance of a blanket or top-two primary, but it still makes the point.
On March 9, Florida’s four statewide state elected officials, exercising their power as members of the Clemency Board, voted to make it more difficult for ex-felons to register to vote. The old policy let ex-felons apply for a restoration of their ability to register to vote after they finish their sentences. The new rules require ex-felons to wait at least five years before even applying to register to vote. Even under the old rules, there is a considerable time lag between the time ex-felons request to register, and when they are permitted to do so. See this story.
The four members of the Clemency Board are the Governor, the Attorney General, the Chief Financial Officer, and the Agriculture Commissioner. All four are Republicans.
On March 8, voters in Los Angeles approved Measure H by a margin of 75%-25%. It raises the amount of money available for public funding for candidates for city office. The old law, providing for public funding for campaigns, had a cap of $12,000,000 in the fund. Measure H raises that cap. For more details about the measure, see this analysis from Ballotpedia. Los Angeles has had public funding for candidates since 1990. Los Angeles, like all California cities, has non-partisan elections.
