Field Poll Shows California Gubernatorial “Other” Candidates at 5%

On October 28, the Field Poll released a gubernatorial poll for California.  The poll did not mention all 6 candidates on the ballot.  It merely asked respondents if they favor the Democratic nominee, the Republican nominee, or a minor party nominee.  5% of respondents said they favor a minor party nominee and 7% are undecided.  The four California minor party gubernatorial nominees are debating each other on October 28 on the campus of California State University, Sacramento, at 1 p.m.  The two major party nominees were invited but are not expected to attend.

U.S. Department of Justice Wants More Information about California’s “Top-Two” Before it Grants Clearance

California is one of the states that must ask for U.S. Justice Department approval before it alters its election laws.  On August 16, 2010, California had forwarded a copy of the new “top-two” law that goes into effect in 2011, to the Voting Rights Section of the U.S. Justice Department.

On October 25, the Voting Rights Section replied to California, with questions about how “top-two” will affect ethnic and racial minorities.  The questions are limited to past elections in the four covered counties, Kings, Merced, Monterey and Yuba Counties.  After the state answers the questions, the Voting Rights Section has 60 days to evaluate the answers.  “Top-two” cannot be into effect until this process is completed.  Thanks to Rob Richie for this news.

Louisiana Holds 6-Candidate U.S. Senate Debate

On October 27, Louisiana held a televised U.S. Senate debate in which six candidates participated.  See this story.  The debate sponsors invited each political party nominee, and also invited anyone who had either held elected office recently, or who had raised or spent $50,000.  That enable two of the independent candidates to be invited.  Participating were Republican incumbent David Vitter, Democrat Charlie Melancon, Libertarian Randall Hayes, Reform Party nominee William McShan, and independent candidates Mike Spears and Ernest Wooton.

Anyone can watch the debate using this link, which is at the TV station’s web page, wdsu.com.

6th Circuit Upholds Tennessee Ban on Ex-Felon Voting by 2-1 Vote

On October 28, the 6th circuit ruled 2-1 that Tennessee may continue to bar ex-felons from registering to vote if they owe child support or restitution payments.  See the opinion, Johnson v Bredesen, here.  This is another case, similar to the one decided two days ago by the 9th circuit on voter registration, that had been pending for over a year since the oral argument.

The majority consists of Judges Deborah Cook and Thomas Ludington, Bush Jr. appointees.  The dissent is by Karen Moore, a Clinton appointee.  The dissent is considerably longer than the majority opinion, and argues that the law does not pass the rational basis test, and that inability to pay child support is not a crime.

Alaska Supreme Court Tentatively OK’s List of Declared Write-in Candidates at Polls

On October 27, the Alaska Supreme Court reversed an order of a lower state court, and said that the list of declared write-in candidates may be shown to voters at the polls who ask to see the list.  See this story.  UPDATE:  see this longer story, which says that the ballots of voters who asked to see the list should be kept separate, in case a further appeal reverses the order.  FURTHER UPDATE:  here is the 3-page order of the Alaska Supreme Court, thanks to Rick Hasen’s ElectionLawBlog.