Elyria, Ohio, has partisan elections, and holds a Mayoral election in November 2011. The Ohio Supreme Court is expected to rule soon on a contentious Ohio election law issue that has never been settled by the Ohio Supreme Court. The election law does not say that independent candidates must not have voted in a partisan primary that same year. It just says, in 3513.04, that they must not have run in a partisan primary that year.

Nevertheless, sometimes county election boards block independent candidates on the grounds that they voted in a partisan primary. Ohio registration forms do not ask voters to choose a party or independent status, so no one can look at any voter’s voter registration card and say he or she is a member of any particular party. However, Ohio elections officials do keep a record of which party’s primary any voter voted in, and Ohio uses that as a proxy for registration into a party.

The case is State ex rel Quinn v Lorain County Board of Elections, 2011-1124. The case was brought by Timothy Quinn, who is trying to be on the ballot for Mayor of Elyria this year. Although he voted in the Democratic primary this year, he says he didn’t vote for anyone for Mayor. Furthermore, he has been an independent candidate in the past, and he had voted in a partisan primary in those past years, and he was still allowed on the ballot in November as an independent. See this story.

On July 27, Delaware Governor Jack Markell signed SB 118 and SB 89. One bill moves the presidential primary from February to April, and the other bill shrinks the period during which no voter can change voter registration from one party to another.

In Delaware, the only way for parties to qualify, or retain qualified status, is by keeping voter registration membership of approximately 650 members. It is difficult for parties to gain members during the months in which it is impossible for voters to switch parties. Because of the new laws, voters can switch parties at all times during odd years, and during the first few months of presidential election years, and of course for a longer period in midterm election years (when there is no presidential primary, just a primary for other office in the late summer). But during the times when voters can’t switch parties, the only way for a party to gain members is by finding unregistered people and registering them. Thanks to Josh Putnam for this news.

On July 27, U.S. District Court Judge Nora Barry Fischer, a Bush Jr. appointee, upheld a Pennsylvania law that makes it illegal to pay registration workers on a per-registration form basis. Here is the 54-page decision, Project Vote v Kelly, 09-951, western district.

The decision construes the Pennsylvania law to permit firing registration workers if they have low productivity, and the opinion suggests that if the law made it illegal to have production quotas, the law would be unconstitutional. Also, the decision partly depends on the fact that the number of registered voters obtained by any group has no effect on whether any particular ballot question, party, or candidate, qualifies for the ballot. See pages 35 and 39 of the opinion.