Egyptian Constitutional Revision Likely to Include Easier Ballot Access

According to this story, a committee appointed by the Egyptian military to suggest constitutional amendments will include easier ballot access. Current law says an independent candidate for President needs 250 signatures of members of Parliament or local councils. Because Hosni Murbarik’s party, the National Democratic Party, held virtually all these offices, it was in reality impossible for an independent presidential candidate to get on the ballot.

The committee will also include easier ballot access for parties. Under the old system, no party could get on the ballot unless it was approved by a committee controlled by the National Democratic Party.

Montana Secretary of State Asks Attorney General if Electronic Signatures are OK on Petitions

On February 7, Montana Secretary of State Linda McCulloch requested an Attorney General’s Opinion on whether the election code permits petitions to be signed electronically. The Secretary of State’s request notes that the Utah Supreme Court last year ruled that in Utah, electronic signatures on petitions are valid; but that a California Superior Court ruled the other way. The California case is now pending in the State Court of Appeals. Thanks to Steve Kelly for this news.

Washington State Top-Two System Was Used in 2010 to Oust a Centrist Democrat in Favor of a Left Democrat

In the November 2, 2010 election in Washington state, incumbent Democrat Jean Berkey was ousted in the primary, and in November, her seat went to Democrat Nick Harper. Berkey has always been perceived as a centrist Democrat, while Harper was perceived to be a “left” Democrat. This was a surprising outcome. Berkey had been so popular in 2006, no one had run against her, in either the primary or the general election.

Harper’s supporters exploited the Washington state “top-two” system to defeat Berkey. The trial lawyers association, the state labor council, and the Washington State Federation of State Employees, all contributed heavily to the primary campaign of Republican Rod Rieger. These groups did not support Rieger; they were gaming the system, and it worked. The primary results were: incumbent Berkey 6,591 votes; Harper 7,193 votes; Rieger 6,713 votes. Because Berkey did not place first or second, she was eliminated from the general election. At the general election, Harper easily defeated Rieger, 22,089 to 14,892. See this newspaper story for more details.

California newspapers, most of whom supported the top-two ballot question in June 2010, repeatedly asserted that a top-two system eliminates “extremists” and empowers “centrists.” But, in this Washington state example, the opposite happened. Thanks to Rob Richie for the link.

First Two California Elections Under "Top-Two" System Produce Low Turnout, Fewer Candidates

On February 15, California held its first elections under the Proposition 14 “top-two” system. Both elections were to fill vacancies in the State Senate, in districts within Los Angeles County (one district extends into neighboring counties as well). The semi-official results show that the 17th district had turnout of 12.6% of the registered voters, and the 28th district had a 10.5% turnout. When the official results are known, these turnout figures will rise slightly.

The 17th district is centered on Lancaster and Palmdale, and leans Republican. The results were: Sharon Runner, “My party preference is the Republican Party”, 65.6%; Darren W. Parker, “My party preference is the Democratic Party” 34.4%.

The 28th district is on the coast, in western Los Angeles County, and is heavily Democratic. The results were: Ted Lieu, “My party preference is the Democratic Party” 57.1%; Bob Valentine, “My party preference is the Republican Party” 25.1%; Martha Flores Gibson, “My party preference is the Republican Party”, 6.7%; Mark Lipman “No party preference” 3.4%; Kevin Thomas McGurk “My party preference is the Democratic Party” 2.5%; James P. Thompson, “My party preference is the Republican Party” 2.3%; Jeffrey E. Fortini, “My party preference is the Republican Party” 2.2%; Michael Chamness, “No party preference” .5%.

The same individuals who won these elections would have won the same elections if Proposition 14 had not been in existence.

If one compares these two recent special elections with the special elections held in California during 2009 and 2010 that were not combined with statewide elections, one finds three differences: (1) turnout in the special elections of 2009 and 2010 averaged 19.2% in the first rounds, which is far better than the average turnout in the two recent elections (the average of the two recent elections is 11.6%); (2) whereas independent candidates in the earlier special elections were permitted to have the word “independent” on the ballot, the independent candidates in the recent elections were stuck with the ballot label “no party preference”; (3) whereas six of the special elections held in 2009 and 2010 (i.e., the special-election-first-rounds that weren’t combined with a statewide election) had candidates from one or more of the qualified minor parties, there were no such candidates in the two recent elections. This is because Proposition 14 makes it more difficult for candidates of small qualified parties to get on the primary ballot.

None of the 2009 and 2010 special elections (first round) included here were held in conjunction with any additional elections. They were all “stand-alone” elections, so the comparison of turnout is fair. The first-round special elections in 2009 and 2010 that weren’t combined with a statewide election were: State Senate 26, 7.91% turnout; Assembly 51, 7.90%; US House 10, 29.39%; Assembly 72, 18.28%; State Senate 37, 20.39%; Assembly 43, 18.58%; State Senate 15, 31.78%.

New Mexico Bill Advances, Makes Some Ballot Access Improvements

On February 18, New Mexico bill SB 403 passed the Rules Committee and now goes to the Judiciary Committee. It is an omnibus election law bill with a few ballot access improvements. It lowers the number of signatures needed for a new or previously unqualified party to get on the ballot, from one-half of 1% of the last vote cast, to one-half of 1% of the last gubernatorial vote. This makes the petition easier in mid-term years, because presidential elections have a higher voter turnout.

The bill also moves the independent candidate petition deadline from early June to late June.