Republican National Committee Considers Taking a Stand on National Popular Vote Plan

Posted on by August 2, 2011
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According to this story, the Republican National Committee, meeting this week in Tampa, will consider a resolution putting the committee in opposition to the National Popular Vote Plan. The article says that California has passed the plan, but Governor Jerry Brown still hasn’t signed the bill, AB 459.

Some of the statements expressed by various Republican Party officials are not true. The founding fathers never intended the Electoral College to operate the way it does today. Furthermore, the National Popular Plan does not “junk” the electoral college; the plan keeps the college. Some of the speakers are confusing tradition with the text of the U.S. Constitution.

U.S. District Court Upholds Pennsylvania Law Prohibiting Paying Registration Workers on a Per-Registration Form Basis

Posted on by August 2, 2011
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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.

New Hampshire “Name Protection” Cert Petition Docketed in U.S. Supreme Court

Posted on by August 2, 2011
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The U.S. Supreme Court has received the cert petition filed by the New Hampshire Libertarian Party. Libertarian Party of New Hampshire v Gardner, 11-119. If New Hampshire chooses to respond to the petition, the response is due August 29. The issue is whether the First Amendment freedom of association clause protects a political party’s name on the ballot. In 2008 the Secretary of State had printed the names of two presidential candidates on the November ballot, both with the label “Libertarian”, even though only one of them, Bob Barr, was the party’s nominee.

This is the first time in which any minor party or independent candidate has ever brought a New Hampshire ballot access lawsuit before the U.S. Supreme Court.

Judge Keeps Freeze on Independence Party’s Funds

Posted on by August 1, 2011
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On July 14, a New York lower state court refused to let the Independence Party of New York regain use of $1,100,000 that has been frozen for several months. The party received the money in 2009 from Mayor Mike Bloomberg. The party was supposed to use the money to hire a firm that would set up poll watchers across the city. The party gave most of the money to a company that, allegedly, did not do any work for the mayor. Instead the money was allegedly used by the company to buy a home for the company’s owner. That owner is the defendant in a criminal case that is still ongoing, Vance v Haggerty, 401544/10, Manhatten.

While the criminal case against the owner of the company is proceeding, the Independence Party is being required to keep the same amount of money frozen, so that (depending on the outcome of the criminal case) Mayor Bloomberg can be reimbursed. The Independence Party had been trying to be released from this order, but has not yet succeeded. Thanks to Bill Van Allen for this news.

Seventh Circuit Enjoins Wisconsin Law that Limited Contributions to Committees that Make Independent Expenditures

Posted on by August 1, 2011
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On August 1, the 7th circuit enjoined a Wisconsin law that makes it illegal for anyone to give more than $10,000 to a committee that makes independent expenditures in elections. Here is the order. The case is Wisconsin Right to Life State PAC v Vocke, 11-2623. Thanks to Dan Tokaji of ElectionLawBlog for the link.