On August 12, a state court in Colorado had ruled that the 2010 ballots cast in Saguache County, Colorado, should be re-counted. The Secretary of State had pressed for this outcome, in a legal contest with the County Clerk. However, the recount process, as described in this article, has failed to satisfy the voters who originally pressed for the recount. See this story. The county uses ES&S vote-counting machines. Thanks to Rick Hasen for the link.
On September 7, U.S. District Court Judge Lawrence E. Kahn struck down a New York state law that requires attorneys who practice law in New York, but who do not live there, to have an office in New York state. By contrast, New York attorneys who reside in New York need not have an office, and may work from home. The case is Schoenefeld v State of New York, 1:09-cv-00504, northern district.
The case was filed by Ekaterina Schoenefeld, who represented herself and lives in New Jersey.
The decision may be useful if and when any petition circulator sues New York state to overturn the law that bans out-of-state petitioners. Many of the justifications New York offered in defense of its policy on attorneys apply equally to petitioners.
On September 9, Mississippi election officials determined that the faction of the Reform Party headed by Barbara Washer is the legitimate Reform Party. Therefore, her faction’s nominees will be on the November 8, 2011 ballot for state office. They are Tracella Hill for Lieutenant Governor, John Pannell for Secretary of State, Ashley Norwood for Auditor, Shawn O’Hara for Treasurer, Cathy Toole for Agriculture Commissioner, Lajena Williams for State Senate 44, Yasming Johnson for Senate 45, and Randy Walker for Representative 104.
Shawn O’Hara had filed to run for both Governor and Treasurer, but state law does not permit anyone to run simultaneously for two different office, so he is on the ballot now for Treasurer but not for Governor.
Meanwhile, the only independent running for Governor, Will Oatis, has withdrawn, so for Governor, only the Democratic and Republican nominees will be on the ballot.
The September 9 Chronicle of Philanthropy carries this short article, noting that some feel the Americans Elect is a worthy group to receive philanthropic donations. Thanks to Bill Van Allen for the link.
On September 9, a U.S. District Court upheld Florida’s law, passed by the voters in November 2010, that congressional redistricting must not favor or disfavor any particular party. Here is the 22-page opinion. The case is Diaz-Balart v Browning, southern district, 10-23968-civ-Ungaro.
The case had been filed by a Republican member and a Democratic member of the U.S. House. They had argued that Article One of the U.S. Constitution requires that only state legislatures can pass election laws for Congress. The opinion points out that the Florida initiative, amendment 6, does not take redistricting power away from the legislature. It merely sets conditions on how the legislature must carry out redistricting. The plaintiffs say they will appeal.
