On February 6, a Superior Court in Alameda County postponed the hearing in Rubin v Bowen, the case in which the Peace & Freedom, Libertarian, and Alameda County Green Parties challenge the essence of California’s top-two law, also known as Proposition 14. The hearing had been scheduled for February 7. The judge wants additional briefing. This is a good sign for the plaintiffs, because it shows the court is taking the case seriously, and is not intending to necessarily follow the lead of the 9th circuit’s January 19 ruling that upheld the Washington state top-two system.
On February 6, a Harrisburg, Pennsylvania jury convicted State Representative H. William DeWeese of using state resources to work on partisan political activity during the period 2000-2006. DeWeese was in the Democratic leadership in the House during those years. He directed staff to use government employees and government computers to help challenge the 2004 petition of Ralph Nader, and the 2006 statewide Green Party petition. See this story. DeWeese is currently in the legislature, and has been a state legislator since he was elected in a special election in May, 1976.
It is possible this conviction will have some relevance to Ralph Nader’s pending lawsuit against the Democratic National Committee and its allies, over what was done by Democrats to Nader ballot access efforts in 2004. The Maine Supreme Court is still considering Nader’s lawsuit. Also a District of Columbia appeals court is still considering whether to force a Washington, D.C. bank to turn over Nader’s funds to his Democratic 2004 challengers.
This story suggests a compromise Texas redistricting plan may be in the works today, although the story quotes some voting rights’ groups as pooh-poohing the news.
Over the weekend, the Oregon Republican Party decided to let independent voters vote in its 2012 primary, but only for the three statewide state offices. Oregon has no U.S. Senate race up in 2012, but it has these statewide offices: Attorney General, Treasurer, and Secretary of State. See this story. The party says it is an experiment and it will see how it works before possibly opening up its primary later for district and county partisan offices.
The party says the presidential primary will not be open to independent voters in 2012. Although the story seems to say that the Republican National Committee won’t allow the state party to do that, it seems more likely that the Republican National Committee only has a rule that says it is too late to change the rules for presidential primaries in 2012, not that the national Republican Party has a rule in general against open presidential primaries. There are many Republican presidential primaries open to independent voters, all across the nation.
On February 6, the Virginia House decided not to take a vote on HB 1133, which repeals the requirement that petition circulators for district office must live in the district. The House also could have voted on this bill last week, but each day, decided to skip the bill. It seems somewhat likely that most House members want to wait for a U.S. District Court to decide this issue. A U.S. District Court is considering this issue in the Lux case, and will probably rule in the next few months.
If the Virginia legislature does pass this bill soon, then the state would be safe from having to pay attorneys’ fees in the Lux case. But if the Lux case proceeds, and the judge strikes down the in-district residency requirement, then the state will need to pay substantial attorneys’ fees to the attorneys who brought the case. The legislature adjourns March 10.