Oklahoma Voters Will Vote on Whether to Lower Number of Signatures for Initiatives

On November 2, Oklahoma voters will be asked if they wish to pass Question 750, which lowers the number of signatures for statewide initiatives.  Current law says initiatives to change a statute need the signatures of 8% of the last vote cast.  Question 750 would change this to 8% of the vote cast in the last gubernatorial election.

In Oklahoma, as in all states, voter turnout is much higher in presidential years than in midterm years.  Thus, if voters approve Question 750, the result would be to make it easier to get initiatives on the ballot in midterm years.  The measure would have no impact on the number of signatures needed in presidential election years.

The legislature put this measure on the ballot, in 2009.  The voters must vote on the idea, because the State Constitution contains the requirements on how many signatures initiatives need, and the Constitution can’t be changed unless the voters agree.

SurveyUSA Poll Shows California Minor Party Gubernatorial Candidates Together Receiving 8%

A SurveyUSA poll of the California gubernatorial race, released September 22, shows these results:  Democrat Jerry Brown 46%; Republican Meg Whitman 43%; “other” 8%; undecided 3%.  The other candidates on the ballot are the nominees of the American Independent, Green, Libertarian, and Peace & Freedom Parties.  The poll shows that 11% of the independents, and 9% of the Republicans, are for “other”, whereas only 5% of the Democrats are for “other.”

A Field Poll released on September 23 lumps “other” and “undecided” into the same category, which is not helpful.  It shows “undecided/other” at 18%.  Brown and Whitman in this poll are each at 41%.

California press has been slow to cover any of the four ballot-listed minor party candidates.  Even Chelene Nightingale’s 190-mile trek up the San Joaquin Valley did not get covered in any daily newspaper, even though it was covered in alternate sources.  See here.  Thanks toIndependentPoliticalReport for that link.  UPDATE:  apparently the walk did get covered in some daily newspapers; thanks to Gary Odom’s comment for the correction.

West Virginia Supreme Court Won’t Accept Case Immediately on Whether State Should Use One or Two Ballots

On September 23, the West Virginia Supreme Court refused to take immediate jurisdiction of a lawsuit on whether the state should use one or two ballots in November.   The Secretary of State had ruled that there should only be one ballot, which would contain the regularly-scheduled elections, as well as several special elections.  An independent candidate had filed a lawsuit in the West Virginia Supreme Court, arguing there should be one ballot for the regularly-scheduled offices, and a separate ballot for the special elections.

Meanwhile, the Republican Party had filed a similar lawsuit in a lower state court.  The West Virginia Supreme Court wants the case heard by the lower court first.  See this story.  The lower court will hear the case on Friday, September 24.

Ninth Circuit Holds En Banc Rehearing in Case on Relationship of Felon Voting Rights and Voting Rights Act

On September 21, the 9th circuit held oral arguments in Farrakhan v Gregoire, 06-35669.  This was an en banc rehearing with eleven judges participating.  This article seems to feel the decision could go either way.  The issue is whether the federal Voting Rights Act can ever be used to overcome a state’s ban on ex-felons and felons voting.

The same issue is pending before the U.S. Supreme Court, in a case from Massachusetts called Simmons v Galvin.  The U.S. Supreme Court may wait for the 9th circuit opinion before it decides whether to hear the Massachusetts case.  If the en banc panel of the 9th circuit reaffirms the earlier decision of that circuit’s 3-judge panel, then there will be a split in the circuits.  The Massachusetts decision had been 2-1 against the idea that the Voting Rights Act can be used against state laws on ex-felon and felon voting.

Rhode Island Republicans Lend Support to Independent Candidate for Lieutenant Governor

On September 17, the Republican nominee for Lieutenant Governor of Rhode Island, Heidi Rogers, withdrew from the race, and she also endorsed independent candidate Robert J. Healey.  Healey has been running, either as the nominee of the Cool Moose Party for Lieutenant Governor, or as an independent candidate for Lieutenant Governor, for years, on a platform of abolishing the office to save the state money.  Rogers says she agrees with Healey about abolishing the office.

Therefore, there will be three nominees on the November ballot for Lieutenant Governor:  Democratic nominee Elizabeth Roberts; Healey; and another independent candidate, Robert Venturini.

The Republican primary for Lieutenant Governor had been contested.  Rogers had defeated Kara Russo in that primary.  Russo, on learning that Rogers had withdrawn, sought to persuade the State Board of Elections that she should be listed on the November ballot as the Republican nominee.  Unfortunately for her, though, Republican Party officers don’t want any nominee for Lieutenant Governor, so they refused to nominate Russo as a substitute nominee.  There is no provision in the law to place the loser of a primary on the general election ballot, if the candidate’s own party doesn’t wish to nominate her.  Russo says it is unconstitutional to leave the Republican Party with no nominee, and that she will bring a lawsuit.  Thanks to Brandon Henderson for this news.