Ohio Democrats Submit Enough Signatures to Postpone Omnibus Election Law Bill from Taking Effect

On September 29, Ohio Democrats and their allies, especially labor unions, submitted 318,460 signatures, asking for a referendum on HB 194. That is the omnibus election law bill passed by this year’s legislature. Because no one knows if there are enough valid signatures yet, the existence of the petition means that HB 194 can’t take effect yet. If the petition has at least 231,147 valid signatures, the bill is suspended until after the November 2012 election, and the public will vote on it in November 2012. Even if the petition doesn’t have enough valid signatures, the bill can’t take effect until the petition has been checked. The checking process will take at least three weeks.

HB 194 was the bill that supposedly gave Ohio a constitutional ballot access law for minor parties. The original law had been declared unconstitutional in 2006, mostly because it required the signatures for minor party qualification to be submitted in November of the year before the election. HB 194 had moved the petition deadline from four months before the primary, to three months before the primary. Now that change can’t take effect, for a while at least. All of this makes it even more likely than before that the Secretary of State will now recognize Americans Elect, the Constitution Party, the Green Party, and the Socialist Party, for the 2012 election. Because a U.S. District Court on September 7, 2011, had already enjoined the new February petition deadline, saying it was still too early, chances had already looked good that all the minor parties would be on the 2012 ballot. But now the chances are even higher, because the new statutory petition deadline reverts to November 2011, the same deadline that was already tossed out by the 6th circuit in 2006.

Arkansas Supreme Court Says Voters May Vote in Full Public View at the Polls if they Wish

On September 29, the Arkansas Supreme Court issued an opinion in Hamaker v Pulaski County Election Commission, 11-375. It reaffirms a 1904 decision from the same court, which said that if a voter wants to mark his or her ballot on a table at the polling location, in full view of anyone who happens to be standing nearby, the voter may do that. But if the voter wishes to vote in secret, he or she must be permitted to use a voting booth.

The plaintiff suggested that this policy pressures voters to vote in public view, because there aren’t enough voting booths, so a voter who wants secrecy must wait, whereas a voter who doesn’t care about secrecy need not wait. However, the Supreme Court refused to consider the part of the lawsuit that complained about the inadequate number of voting booths. The opinion is eight pages long and is unanimous.

Census Bureau Releases “Voting and Registration in the Election of November 2010”

The Census Bureau has released “Voting and Registration in the Election of November 2010”. The report can be seen at this link. The Census Bureau has been preparing this report for many decades. A new report is released after each Congressional election. The data is from surveys, not from election returns statistics.

Oregon, Washington, and Maine, have the highest participation. Oregon and Washington are the only two states that send ballots in the postal mail to all registered voters (although in 2010, Washington state had one county that didn’t do that). And Maine, in 2010, was one of the states with election day registration. Ironically, the Maine legislature repealed provision for election-day registration this year, but that change isn’t in effect because a referendum petition was filed to let voters vote on election-day registration in November 2012.

Colorado State Court of Appeals Rules Images of Ballots Are Public

On September 29, the Colorado State Court of Appeals ruled that the state’s public records act applies to images of ballots, and these images can be released for public scrutiny, as long as no one can tell which voter cast that particular ballot. See this story. This decision will help activists who question the operation of electronic ballots, and also will help social scientists. The lower court had ruled the ballots are not subject to disclosure. The case originated last year in Aspen.

New York City Releases Official Returns from September 13 Special Congressional Election

New York City Board of Elections says the official vote totals for the special election, U.S. House 9th district, from September 13, are:

Bob Turner, 32,526 votes on the Republican line and 4,816 votes on the Conservative line.
David Weprin, 31,285 votes on the Democratic line, 1,425 on the Working Families line, and 946 on the Independence Party line
Chris Hoeppner, 143 votes on the Socialist Workers Party line

The Hoeppner vote, which is only .20%, is astonishingly low. Generally, when three candidates are on the ballot in a special election, it is unheard of for any of the three to poll less than one-half of 1%.

Furthermore, the day after the election, the unofficial vote totals had been announced as:

Bob Turner, 27,867 votes on the Republican line and 4,536 on the Conservative line.
David Weprin, 25,587 on the Democratic line, 1,248 on the Working Families line, and 764 on the Independence line
Chris Hoeppner, 277 on the Socialist Workers line.

The official totals are bigger than the election night returns for every party line, except for the Socialist Workers line. On the Socialist Workers line, the final total is only half as many votes as the election night total.

It is also plausible that the design of the ballot was such that it was difficult for an ordinary voter to even see Chris Hoeppner’s name on the ballot. Ballot Access News is trying to find a picture of the ballot.