Arizona Supreme Court Explains Why it Ruled Earlier that Recall Petition is Valid

Posted on by November 15, 2011
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On November 14, the Arizona Supreme Court issued this 21-page opinion, explaining why last month it ruled that the recall petition against State Senator Russell Pearce is valid. The case is Ross v Bennett, cv-11-0264. The decision explains that miniscule irregularities in the wording of the recall petition should not be used as a basis to invalidate the petition. For example, opponents of the recall had complained that the circulator’s statement should have said, “I affirm a belief that each signer was a qualified elector of the election district on the date indicated”, but the petitions actually said that the circulator affirms a belief that “each signer is qualified to vote in the recall election.” The decision is unanimous.

Ohio Referendum Petition on Omnibus Election Law Almost Certainly has Enough Valid Signatures

Posted on by November 15, 2011
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The Ohio Democratic Party to force a referendum on the 2011 omnibus election law bill almost certainly has enough valid signatures. It is very likely that Ohio voters will be voting on the measure on November 6, 2012. See this story. The story has a misleading title. Included in the omnibus election law bill was a provision easing the deadline for a new party to qualify for the ballot from four months before the primary, to three months before the primary. In September 2011, a U.S. District Court judge had ruled that although the new deadline is better than the old one, it is still unconstitutionally early.

Indiana Libertarian Won Partisan Race by One Vote

Posted on by November 15, 2011
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On November 8, 2011, the town of Henry, Indiana, held partisan elections for Town Council. Each race was at-large but each race was a separate election. Two of the seats only had a Republican running. For the third seat, two candidates were on the ballot, Libertarian Dennis Denney and Republican incumbent Rebecca Hammer. The final results show that Denney received 93 votes and Hammer received 92. Thanks to Rick Hasen and Robbin Stewart for this news.

Hammer could ask for a recount, but she probably will not do so. Shirley has a population of 830 and is in east central Indiana, in Henry County. The Libertarian Party won three other partisan elections around the U.S. on November 8. The others were: (1) Susan Bell, Town Judge, Hagerstown, Indiana; (2) Miccah Shepherd, Clerk-Treasurer of Claypool, Indiana; (3) Erik Viker, Selingsgrove, Pennsylvania Town Council.

Pennsylvania District Attorney Seeks to Learn Identity of Voter Who Used Write-in Space on Ballot to Express a Hostile Opinion

Posted on by November 15, 2011
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At the November 8, 2011 election in Monroe County, Pennsylvania, a voter wrote this message on his or her ballot in the space reserved for write-ins: “Both candidates corrupt and belong in prison or dead.” The Monroe County Elections Board asked the District Attorney to try to learn the identity of the voter who put this on the ballot, and to determine whether the message deserves criminal prosecution for conceivably making a threat. See this story. Thanks to Mel Kaplan for the link.

California Republican Party Submits Referendum Petition on State Senate Redistricting

Posted on by November 15, 2011
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Between November 10 and November 13, California Republicans submitted 710,924 signatures on a referendum petition concerning the new State Senate districts. California law requires 504,760 valid signatures on such a referendum petition. California Republicans oppose the new State Senate districts drawn up by the new redistricting commission.

If the petition has enough valid signatures, the new State Senate districts will be put to a vote of the people. It is not clear what State Senate districts the state will use, if the referendum petition does have enough valid signatures. In a normal referendum, the challenged statute can’t be implemented until the popular vote affirms the law. But California needs to have valid districts in place in time for the June 2012 primary. For more information about the referendum’s backers, see their web page, www.FairDistricts2012.com.