On February 3, a lawsuit was filed in Sacramento Superior Court over the occupational designation of one of the candidates for Assembly, in the special election for the 4th district. California is the only state in which ballots list the occupation of candidates for state and federal office. See this story. UPDATE: the judge in this case said the lawsuit may have merit, but it was filed too late, so the candidate’s occupation, “small business woman” will be on the ballot. See this story.
Kentucky now has closed primaries. Kentucky has registration by party, and only registered members of parties may vote in those primaries. On February 2, the Senate State and Local Government Committee passed SB 41, by Senator Jimmy Higdon (R-Lebanon). It says that independent voters, and also members of unqualified parties, may vote in partisan primaries. The bill would take effect in 2012. Voters who were entirely unregistered as of December 31 of the year before the primary, but who registered as independents in the year of the primary, could not take advantage of the bill’s provisions.
Senator Higdon introduced the same bill in 2010. It passed the State Senate on February 2, 2010, by a vote of 25-12, but then the bill went to the House, which didn’t even hold a hearing on it. Thanks to The Hankster for this news. The Political Science definition for the type of primary system set up by HB 41 is “semi-closed”. By contrast, an “open primary” lets any voter, on primary day, choose any party’s primary ballot. Generally open primary states don’t have registration by party.
On February 3, the West Virginia legislature passed HB 2853, which sets the details for the 2011 special gubernatorial election. The election will be October 4, 2011. The primary for the three ballot-qualified parties (Democratic, Republican, and Mountain) will be May 14. Nominees of unqualified parties, and independent candidates, need 1,766 signatures due by May 21. Anyone who wishes to avoid paying the filing fee needs a separate petition of 1,500 names.
West Virginia’s last gubernatorial election was in November 2008, when Joe Manchin, a Democrat, was elected. He resigned from the Governorship recently because he had been elected to the U.S. Senate in November 2010. That Senate election was also a special election, to fill the seat of Senator Robert Byrd, who died in office. Thanks to Jeff Becker for this news.
On February 2, the California Supreme Court refused to hear Keyes v Bowen, 188724, the case that argued the Secretary of State must investigate whether a presidential candidate meets the qualifications to be president, before listing him or her on the ballot. The case had been brought by Alan Keyes in 2008. UPDATE: Keyes plans to ask for U.S. Supreme Court review of this case.
The California Court of Appeals decision in this case will now stand. On October 25, 2010, the Court of Appeals had ruled that if a qualified party certifies a presidential nominee, the Secretary of State must list him or her on the November ballot. The decision says, “Section 6041 gives the Secretary of State some discretion in determining whether to place a name on the primary ballot, but she has no such discretion for the general election ballot…with respect to general elections, section 6901 directs that the Secretary of State must place on the ballot the names of the several political parties’ candidates.” The word “must” is in italics.
The Court of Appeals decision acknowledges that in 1968, California Secretary of State Frank Jordan refused to list the Peace & Freedom Party’s presidential nominee on the November ballot. That candidate was Eldridge Cleaver, and he was only 33 years old at the time. The decision, in effect, says the Secretary of State in 1968 should have listed Cleaver.
On February 2, the California Supreme Court refused to hear Keyes v Bowen, 188724, the case that argued the Secretary of State must investigate whether a presidential candidate meets the qualifications to be president, before listing him or her on the ballot. The case had been brought by Alan Keyes in 2008. UPDATE: Keyes plans to ask for U.S. Supreme Court review of this case.
The California Court of Appeals decision in this case will now stand. On October 25, 2010, the Court of Appeals had ruled that if a qualified party certifies a presidential nominee, the Secretary of State must list him or her on the November ballot. The decision says, “Section 6041 gives the Secretary of State some discretion in determining whether to place a name on the primary ballot, but she has no such discretion for the general election ballot…with respect to general elections, section 6901 directs that the Secretary of State must place on the ballot the names of the several political parties’ candidates.” The word “must” is in italics.
The Court of Appeals decision acknowledges that in 1968, California Secretary of State Frank Jordan refused to list the Peace & Freedom Party’s presidential nominee on the November ballot. That candidate was Eldridge Cleaver, and he was only 33 years old at the time. The decision, in effect, says the Secretary of State in 1968 should have listed Cleaver.
