Pennsylvania Democratic Congressman’s Primary Petitions Face Serious Challenge

Two Pennsylvania Democratic Congressmen, Jason Altmire and Mark Critz, are running against each other in the April 24th primary because Pennsylvania’s new districts put both of them in the same district, the 12th district in the western end of the state. On February 21, supporters of Congressman Critz filed objections to the primary petition of Congressman Altmire. The petition challenge will be heard in Commonwealth Court in Pittsburgh on March 2, at 9:30 a.m. The law requires primary candidates for U.S. House to submit 1,000 valid signatures. Altimire submitted 1,651 signatures.

The objectors say that 385 signatures were collected by a circulator who doesn’t live in the 12th district. The objectors say that certain other signatures on the petition are forgeries. And, of course, the objectors say that some of the signers aren’t registered voters, which is invariably true for all petitions that require a substantial number of signatures. The case is In re Nomination Petition of James Altmire, 114 M.D. 2012.

Pennsylvania and California are the only states that still enforce in-district residency requirements on petitioners. The Pennsylvania in-district residency requirement for circulators was held unconstitutional in 2002 by a U.S. District Court (Morrill v Weaver), but the state courts say that decision doesn’t matter because it only relates to independent candidate petitions, not primary election petitions. Residency requirements for petitioners have been held unconstitutional in Arizona, California, Colorado, Connecticut, Illinois, Kansas, Michigan, Nebraska, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Virginia, West Virginia, and Wisconsin. Thanks to Bill Van Allen for this news.

Kentucky Supreme Court Invalidates Legislative District Boundaries

On February 24, the Kentucky Supreme Court issued a two-page order, agreeing with a lower state court that the new legislative district boundaries are unconstitutional. Here is the lower court opinion, which struck down the new boundaries because the population of the districts deviates by almost 6%, and because too many counties were split.

The districts that were in use 2001-2010 will be used, unless the legislature is able to quickly draw up a new plan. Filing for the primary had already started. Candidates who now wish to withdraw will not get a refund on their filing fees, but they will be permitted to run regardless of their residency.

This development has no direct impact on independent candidates, or the nominees of unqualified parties. Those candidates are not required to file their petitions until early August, and are not required to file a declaration of candidacy until April. Kentucky has no ballot-qualified parties other than the Democratic and Republican Parties.

Texas Republican Party Chair Warns that Primary May be Delayed Until June 26

For the last few weeks, virtually everyone who has been following the Texas redistricting trial has assumed that the Texas primary this year will be May 29. However, on February 24, the Texas Republican Party state chair issued a letter, warning that there is a possibility the primary won’t be held until June 26. Here is the letter. Thanks to TexasRedistricting blog for the link.

A June 26 primary would require a major revision to the state’s procedure for independent presidential candidates, because the independent presidential petition can’t begin to circulate until after the primary.

California Republican Party Referendum Against State Senate District Boundaries Qualifies for November 2012 Ballot

On February 24, the California Secretary of State announced that the Republican Party’s referendum has qualified for the November 2012 ballot. The referendum asks voters if they wish to reject the State Senate district boundaries drawn up last year by the new Redistricting Commission.

Unfortunately for the proponents of this referendum, the California Supreme Court ruled last month that because no one could know if the measure would qualify, the Commission’s districts will be in force in this year’s election, even though normally when a referendum petition is filed against a new law, the new law can’t take effect until after the voters express their opinion of it.