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Idaho Bills to Abolish Presidential Primary

Posted on January 20, 2012 by adminJanuary 20, 2012

On January 19, the Idaho House State Affairs Committee introduced two bills to abolish the Idaho presidential primary. If enacted, they would take effect in time to cancel the 2012 presidential primary.

HB 391 abolishes presidential primaries. HB 392 also abolishes presidential primaries, and in addition it moves the primary for other office from May to early August.

The Democratic and Republican Parties in Idaho use caucuses to choose delegates to the national conventions. The existing Idaho presidential primary is a “beauty contest”, with no binding effect.

U.S. Supreme Court Seems Likely to Hear West Virginia Redistricting Lawsuit

Posted on January 20, 2012 by adminJanuary 20, 2012

On January 20, the U.S. Supreme Court stayed the decision of a 3-judge court in West Virginia. The 3-judge court had invalidated the West Virginia U.S. House district boundaries. Here is the U.S. Supreme Court order, which implies that the Court wants to decide this case for itself. The 3-judge court had struck down the legislature’s redistricting plan because the three districts differed in population. The difference between the district with the highest population, and the district with the lowest population, was three-fourths of 1%.

There is a fair amount of precedent that when the normal petitioning period for minor party and independent candidates is shrunk, due to late redistricting, states must either extend the petitioning deadlines, or reduce the number of signatures needed. Because redistricting is taking a great deal of time to be settled in many states, there will be opportunities in many states this year for some temporary reductions in the number of signatures needed, especially for district office.

Ohio Libertarian Party Files Brief in Opposition to Legislature’s Attempt to Remove it from 2012 Ballot

Posted on January 20, 2012 by adminJanuary 20, 2012

On January 20, the Ohio Libertarian Party filed this 57-page brief in the 6th circuit, in Libertarian Party of Ohio v Husted, 11-4066. Last year, the Ohio Libertarian Party won injunctive relief, permitting it to be on the 2012 ballot. The Secretary of State did not appeal, and also put the other active minor parties on the 2012 ballot. But the Ohio legislature appealed the case to the 6th circuit.

Although the brief is long, it is fascinating reading, especially the part explaining the amazingly complex set of changes in the Ohio 2012 primary date. In Ohio, the petition deadline for new parties is tied to the date of the primary, so when the primary dates change (which they did three times), that changes the law on how parties get on the ballot.

U.S. Supreme Court Tells Lower Court to Re-do Texas Redistricting

Posted on January 20, 2012 by adminJanuary 20, 2012

On January 20, the U.S. Supreme Court issued an eleven-page unsigned unanimous opinion, telling the 3-judge U.S. District Court in Texas to redraw the congressional and legislative districts that that court had drawn earlier. See this report from Scotusblog. Here is the order. See this newspaper story.

U.S. Court of Appeals, D.C., Hears Alabama Lawsuit Against Part of Federal Voting Rights Act

Posted on January 19, 2012 by adminJanuary 19, 2012

On January 19, the U.S. Court of Appeals in Washington, D.C., heard arguments in Shelby County, Alabama v Holder. This is one of several cases challenging section 5 of the federal Voting Rights Act. Section five requires certain parts of the nation to get U.S. Justice Department approval before changing election laws. According to this story, two of the three judges seemed skeptical of Shelby County’s arguments.