On September 7, California Governor Jerry Brown vetoed SB 448, which says that paid initiative circulators must wear a badge that says “Paid circulator.” Here is his veto message, which says, “If it is acceptable to force paid signature gatherers to place identifying badges on their chests, will similar requirements soon be placed on paid campaign workers?” Thanks to Paul Jacob for this news.
On September 7, no hearing was held on California’s AB 1413, the bill that removes write-in space from November ballots for Congress and state office. The leadership of the legislature has decided not to consider the bill until next year. Thanks to everyone who telephoned the California State Senate President’s office complaining about the bill. UPDATE: here is a Sacramento Bee story about the bill. The story explains some of the other issues in the bill.
The California Senate Elections Committee will hold a hearing on Wednesday, September 7, on AB 1413, the bill which removes write-in space on general election ballots for Congress and state office. The time of the hearing has not yet been set, but should be no earlier than 1:30 p.m.
UPDATE: The hearing had been set for 1pm today, but has now been postponed to an unknown time today or tomorrow. Check back for further updates.
On September 7, U.S. District Court Judge Algenon Marbley issued a preliminary injunction, ordering the state not to enforce the ballot access law passed earlier this year by the legislature. The 12-page decision is Libertarian Party of Ohio v Husted, 2:11-cv-722, and says in all likelihood, the new law’s deadline of early February is too early. It is not yet known if the Secretary of State will appeal. If there is no appeal, it is likely that the Constitution, Green and Socialist Parties will merit the same relief.
On September 6, U.S. District Court Judge Noel Hillman issued a 34-page opinion in Lewis v Secretary of State Kim Guadagno, 11-cv-2381, upholding the New Jersey Constitutional provision that bars candidates from running for the State Senate unless they have lived in the state for the preceding four years.
The judge also ruled that state officials have not broken the Equal Protection Clause by invoking the state Constitutional provision against Lewis. The opinion says, “The Plaintiff is a man of great and inspiring achievement, justifiably held in high regard, and possessed of promise for the future. More importantly, he is the candidate of choice of his political party. And it is more than just a populist notion -indeed it is ingrained in our collective political DNA – to level the playing field, to welcome all comers, and to root for the underdog…our courts have been, and ought to be, more than a little skeptical of state machinations to preserve and perpetuate the status quo of entrenched powers and ever vigilant against discrimination in all its sinister forms…But…the citizens of the State of New Jersey have chosen and left undisturbed a universally applied and neutral prerequisite to hold the office of State Senator. The durational residency requirement applies to all.” The provision in the State Constitution is 167 years old.
