Two Important California Legislative Hearings Set for January 26

On Thursday, January 26, two important legislative hearings will take place in California. The San Francisco Board of Supervisors’ Rules Committee will meet at 1:30 pm in Room 263 of City Hall to hear two bills on Instant Runoff Voting. One bill would eliminate it; the other bill would preserve it and expand the number of choices for voters. Currently voters are limited to a First, Second and Third Choice vote. UPDATE: the hearing time has been changed to 2:30 pm.

Also on January 26, the California Assembly Elections Committee will hear AB 1413 sometime in the morning, in room 3162 of the State Capitol. The bill would delete write-in space on general election ballots for Congress and partisan state office. The bill has already passed the State Senate. The Committee won’t say what time the hearing is; instead the hearing will be held as soon as the Assembly floor session ends, which will probably be in the mid-morning.

Indiana Bill for an Alternate Ballot Access Procedure for Presidential Primary is Withdrawn

Senator Mike Delph has withdrawn SB 68, which would have provided a second means for a presidential candidate to get on a primary ballot. Current law requires a petition of 4,500 signatures, with at least 500 signatures from each U.S. House district. SB 68 would have permitted a candidate to also get on the ballot if he or she pays a filing fee of $10,000. But, on January 24, he withdrew it, because the bill had been criticized by people who said it isn’t fair to change the rules for this year’s election. One wonders why Senator Delph didn’t just amend the bill to provide that it doesn’t take effect until 2016. Thanks to Bill Van Allen for this news.

The Indiana presidential primary is May 8, and the petition deadline is February 10, at noon.

Pennsylvania State Courts Continued to be Plagued by Scandal

The Pennsylvania state courts, in the last decade, have been more hostile to minor party and independent candidates than any other state’s courts. They have upheld rulings of lower state courts that levy fees of over $80,000 against candidates who submit petitions that are held not to have enough valid signatures. They have upheld the district residency requirement for circulators in primaries, even though in 2002 a federal court in Pennsylvania struck down residency requirements for circulators working on general election petitions. The state courts even ruled in 2003, in the Zulick case, that state courts need not follow federal court rulings that strike down certain Pennsylvania ballot access laws.

Also, some Pennsylvania judges have participated in these election law cases despite having close ties to the attorneys on one side, and in the fee cases, they have taken no notice that petition challengers were state employees using state government resources for those petition challenges.

The Pennsylvania Supreme Court continues to be embroiled in scandal. See this story.

U.S. District Court in Virginia Hears Petitioner Residency Case on January 25 at 2 p.m.

U.S. District Court Judge Henry Hudson will hear Lux v Judd at 2 p.m. on Wednesday, January 25, in Richmond, Virginia. This is the case over the constitutionality of Virginia’s law, requiring circulators for U.S. House candidates to be residents of that U.S. House district. Judge Hudson, on August 26, 2010, had refused to enjoin this law, saying it was very likely to be held constitutional. The 4th circuit and the U.S. Supreme Court had then also refused injunctive relief.

But then, on July 6, 2011, the 4th circuit had issued an opinion in this case saying the U.S. District Court had improperly relied on an obsolete 1985 precedent, and that the case law has changed since 1985. The 4th circuit said “we can no longer say that an in-district witness requirement is necessarily justified by a state’s desire to gauge the depth of a candidate’s support.” The 4th circuit sent the case back to Judge Hudson to give the state a chance to come up with another reason for the residency requirement.

After that, on January 10, 2012, another U.S. District Court in the eastern district of Virginia ruled that Virginia almost certainly can’t even enforce an in-state residency requirement for petitioners. That ruling was in Perry v Judd. It will be interesting to see how vigorously the state defends the in-district residency requirement in the Lux oral argument. Anyone who lives near Richmond, Virginia, might enjoy attending the hearing.