Ohio Faces Another Referendum on Election Law

Posted on by October 16, 2011
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On October 14, the Ohio Supreme Court ruled unanimously that opponents of the new U.S. House and legislative districts are entitled to submit the redistricting plans to a referendum. See this story. The Republican majority in the legislature had argued that the redistricting bill is not subject to the referendum process, because the bill contained an appropriation. However, the State Supreme Court rejected that as a gimmick. Here is the 6-page opinion, State ex rel Ohioans for Fair Districts v Husted, 2011-5333.

This means that Ohio can’t use the new district boundaries during the next few months, because laws subject to referendum can’t go into effect until the voters vote. Since the primary is in March 2012, that presents a large problem for election administration. Democrats and their allies in Ohio have shown that they do have the resources to complete successful referendum petitions.

Article Highlights Flaw in San Francisco Public Financing System

Posted on by October 16, 2011
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The Bay Citizen has this article about San Francisco’s public funding system for candidates for Mayor. Anyone who raises at least $25,000 privately is then entitled to receive matching funds for all further donations. Candidates can apply for public funding months before the August filing deadline to be on the ballot. San Francisco holds non-partisan elections for Mayor in November of the odd years immediately preceding presidential election years. This year’s election is November 8, 2011. San Francisco uses Instant Runoff Voting, so there is only one round.

Unfortunately, the system provides that anyone who receives public funds, and then who doesn’t file for office, must return the public funds. This year, sixteen candidates are on the ballot. Several of them have received considerable public funding, and they must remain in the race, or they will be required to return the public funding. So, no one is dropping out, even though several of the candidates who have received public funding are at or below 3%. The article focuses on Phil Ting, who is the Assessor-Recorder, and who is at zero in the polls, even though he has received $230,000 in public funding.

Opponents of Instant Runoff Voting plan to try to repeal that system in 2012. Critics of San Francisco’s Instant Runoff Voting say IRV is responsible for too many candidates on the ballot. But, as the Bay Citizen explains, the real cause of an abundance of candidates is the rule in reimbursement. Other public funding systems do not generally require that candidates who drop out must pay back all the public funding. Obviously, if a candidate has used the public funding for legitimate campaign expenses, the money has already been spent. Thanks to Sam Harley for the link.

Wisconsin May Face More Legislative Recall Elections in Early 2012, but Confusion Over Which District Boundaries to Use

Posted on by October 16, 2011
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According to this story, Wisconsin Democrats are threatening to recall some more Republican state legislators in early 2012. But no one is sure whether the petitions should be circulated in the districts that were used in the elections during the period 2002-2010, or whether the petitions should be circulated in the newly drawn legislative districts. Thanks to Bill Van Allen for the link.

Utah June 26 Presidential Primary Date Confirmed

Posted on by October 15, 2011
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On October 13, Utah Governor J. Gary Herbert signed SB 3004, which provides that the 2012 presidential primary will be on June 26, the same day that Utah holds primaries for office other than President. The Utah 2012 presidential primary will be the latest presidential primary ever held by any state. Thanks to Frontloading HQ for this news.