Virginia Bill to Allow Write-in Votes in Primaries Advances

On January 24, the House Elections Subcommittee passed HB 1132, which says that write-in votes are permitted in primaries. Virginia already allows write-ins in general elections. The bill could not become effective in time for this year’s presidential primary.

The bill passed 4-2, on a party-line vote, with all Republicans voting “Yes” and all Democrats voting “No.” The yes votes were by Delegates John A. Cosgrove, S. Chris Jones, John A. Cox, and Margaret Ransone. The no votes were by Delegates Mark Sickles and Rosalyn Dance.

The same committee also passed HB 1133, which lets political parties set their own ballot access rules for presidential primaries, although the rules could not be more difficult than the law on how independent candidates get on the general election ballot. The vote was 3-2 and was not a party-line vote. Voting yes were two Republican Delegates (Cox and Ransone) and one Democratic Delegate (Dance). Voting no were one Republican Delegate (Cosgrove) and one Democratic Delegate (Sickles). Delegate Jones didn’t vote.

Pennsylvania Supreme Court Invalidates 2011 Legislative Redistricting Plan

On January 25, the Pennsylvania Supreme Court, by a 4-3 vote, said the new redistricting plan for both houses of the state legislature is unlawful. The order is only two pages, and does not say what is wrong with the plan, but says an explanation will follow. The Court also ordered that the old district lines be in place until a new plan is approved. Finally, the Court extended the petition deadline for candidates running in Pennsylvania primaries by two days, from February 14 to February 16.

The dissent is only one page. The legislative redistricting plan that was invalidated was created by the Pennsylvania Reapportionment Commission, which consists of the State Senate Majority Leader, the State Senate Minority Leader, the State House Majority Leader, the State House Minority Leader, and a fifth member who is chosen by the other four. However, when the other four can’t agree, then the Pennsylvania Supreme Court appoints the fifth member. The Pennsylvania Supreme Court has had to appoint the fifth member in 2011, 2001, and 1991.

The Pennsylvania Supreme Court is itself elected on a partisan basis, and has four Republicans and three Democrats. Generally, Democratic Party activists didn’t like the plan, and Republicans did. All three Democratic justices, and one Republican justice, voted against the redistricting plan. The other three Republican justices dissented. Thanks to Rick Hasen for this news. Professor Hasen asks how long it will be before a voter files a lawsuit in federal court, saying the 2001 redistricting plan can’t be used because the districts aren’t equal in population, since they are based on the 2000 census, not the 2010 census.

Huffington Post Article on Candidates for President of France who were Not Born in France

The Huffington Post has this interesting article about presidential candidates in France who were not born in France. French election laws do not bar such candidacies, and several presidential candidates running this year were born in parts of Africa which were once French possessions, but which are now independent. The article mostly concerns the Green Party’s presidential candidate, Eva Joly, who was born in Norway.