Ninth Circuit Strikes Down Arizona Law Requiring New Registrants to Submit Proof of Citizenship

Posted on by October 26, 2010
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On October 26, the Ninth Circuit struck down an Arizona law passed in 2004, that requires newly-registering voters to present proof that they are citizens.  For people born in the United States, that proof includes a birth certificate or something equivalent.  For people born outside the U.S., that means submitting a copy of naturalization documents.  The 3-judge panel included retired U.S. Supreme Court Justice Sandra Day O’Connor.  The case had been argued more than a year ago.  Here is the opinion, including a dissent by Judge Alex Kozinski.

The basis for the opinion is not a constitutional argument, but an argument over how to interpret the federal National Voter Registration Act, which requires the states to use postcard registration forms.  Obviously, when a state requires a newly-registering voter to submit a birth certificate or a naturalization certificate, the postcard can’t be mailed the way postcards usually are mailed, because of the bulky attachments.

California Court of Appeals Issues Important Ruling About Presidential Candidate Ballot Access

Posted on by October 26, 2010
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On October 25, the California State Court of Appeals issued a ruling in Keyes v Bowen, C062321, holding that state elections officials are not supposed to keep presidential candidates off the general election ballot because they may not meet the constitutional qualifications to hold the office.  The lawsuit had been filed in 2008 by Alan Keyes, who had sued the California Secretary of State because she allegedly did not investigate whether Barack Obama meets the constitutional qualifications to be President.  See this story.

The Court said, “An investigation of eligibility is best left to each political party, which presumably will conduct the appropriate background check or risk that its nominee’s election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes…The Secretary of State has no such discretion for the general election ballot.  With respect to general elections, section 6901 directs that the Secretary of State must (“must” is in italics in the opinion) place on the ballot the names of the several political parties’ candidates…

“In any event, the truly absurd result would be to require each state’s election official to investigate and determine whether the proffered candidate met eligibility criteria of the United States Constitution, giving each the power to override a party’s selection of a presidential candidate.  The presidential nominating process is not subject to each of the 50 states’ election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results.”

The opinion acknowledges that in 1968, California Secretary of State Frank Jordan determined that the Peace & Freedom Party presidential nominee, Eldridge Cleaver, should be kept off the ballot because Cleaver was under age 35, but the opinion says the fact that Jordan acted this way does not demonstrate that what he did was lawful.

This opinion will be useful in the future, when certain states try to say that some particular presidential or vice-presidential candidate must not be on the ballot because he or she was registered in the wrong party.  For example, in 2004, Montana said that Peter Camejo could not be on the November ballot for vice-president because he was a registered Green Party member.  Camejo and his running mate, Ralph Nader, did not sue to overturn that decision, but simply substituted another vice-presidential candidate in Montana.  This decision would also assist the Socialist Workers Party if it again runs Roger Calero for President, as it did in 2008 and 2004.  Calero is not a natural-born citizen.

Matt Damon Endorses Voting for Working Families Party Nominees

Posted on by October 25, 2010
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On October 25, Matt Damon, famous movie star, called on all New York voters to vote only for Working Families Party nominees.  It is odd that he didn’t include an endorsement of Working Families Party nominees in other states where that party is on the ballot, namely Connecticut, Delaware, Oregon, and South Carolina.  The Working Families Party is also listed on Vermont ballots, but Vermont ballots do not permit a voter to choose which party line to vote for a candidate on, when that candidate has the nomination of two parties.  All Working Families nominees in Vermont are also Democratic nominees.

See this story about Damon’s endorsement.  Thanks to Gene Berkman for the link.

Ralph Nader Endorses Christina Tobin for California Secretary of State

Posted on by October 25, 2010
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On October 25, Ralph Nader released this statement:  “Christina Tobin as Secretary of State of California will give more voices and choices to millions of California voters who think the ‘two-party dictatorship’ is monopolizing the ballot line against third party and independent candidates.”  Tobin is on the California ballot as the Libertarian nominee for Secretary of State.  During the first half of 2010 she was instrumental in putting up the leading web page in opposition to Proposition 14.  She also organized press conferences and protests against Proposition 14.  That measure, the “top-two” idea, in practice, leaves general election ballots with virtually no one on the ballot except Democratic and Republican candidates.

Tobin also is active organizing inclusive debates, and has organized six such debates this year.  She also organized the only general election presidential debate of 2008 that included any of the non-Democratic, non-Republican presidential candidates who were on the ballot in enough states to be elected.  That debate was between Ralph Nader and Chuck Baldwin.  She organized a similar vice-presidential debate, between Matt Gonzalez, Wayne Allyn Root, and Darrell Castle.