Libertarian, Green Parties File Motion for Summary Judgment to Valid Maryland Petitions

Posted on by May 21, 2011
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On May 20, the Green Party and the Libertarian Party filed this Motion for Summary Judgment to obtain a court ruling that they each are qualified parties in Maryland. The case is Libertarian Party of Maryland et al v Maryland State Board of Elections, circuit court, Anne Arundel County, 02-c-11-160371.

State law requires 10,000 signatures for each of these parties to re-qualify for the 2012 and 2014 elections. Elections officials have already identified over 10,000 registered voters on each party’s petition. However, these election officials don’t believe either petition has 10,000 signatures that they are permitted to recognize. The Board of Elections excluded voters whose names were not an exact match (missing middle initials, nicknames, etc.). Also excluded are instances at which a registered voter signed the petition twice, once without the missing middle initial, and once including the missing middle initial. The brief argues that it is not rational to exclude both the hyper-correct signature as well as the technically-incomplete signature. The parties don’t want both signatures to count, but they say certainly one of them should count.

Ninth Circuit Upholds San Francisco’s Variety of Instant Runoff Voting

Posted on by May 20, 2011
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On May 20, the Ninth Circuit upheld San Francisco’s particular type of Instant Runoff Voting. The case is Dudum v Arntz, 10-17198. The opinion is 33 pages. The plaintiffs, San Francisco voters, had filed this lawsuit in 2010. The lawsuit did not challenge the constitutionality of Instant Runoff Voting in general. Rather, it challenged San Francisco’s version, which limits each voter to ranking only three candidates. Thanks to Rick Hasen for the link.

The attorneys for the voters who challenged the San Francisco system are the same attorneys who represent former California Lieutenant Governor Abel Maldonado in the lawsuits that challenge certain aspects of California’s top-two system. Maldonado intervened in those lawsuits, Field v Bowen and Chamness v Bowen, to defend the parts of California’s top-two system that do not treat all candidates equally relative to party labels, and which permit write-in space on run-off ballots but do not allow those write-ins to be counted. It is somewhat ironic that the same attorneys who attacked San Francisco’s version of IRV on the grounds that it fails to “count” the votes of all voters, are defending the top-two law that specifically says some votes can not be counted.

Two States May Eliminate Straight-Ticket Device

Posted on by May 19, 2011
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New Mexico and Wisconsin are both somewhat likely to abandon straight-ticket devices starting in 2012. In New Mexico, it is reported that the new Secretary of State, Dianna Duran, will eliminate the device. New Mexico election law does not authorize it, but past Secretaries of State have imposed it anyway. In the past all parties had a straight-ticket device, but the preceding Secretary of State, Mary Herrera, had eliminated it for minor parties, while keeping it for major parties.

In Wisconsin, the omnibus election law bill has passed the legislature, and it abolishes the straight-ticket device. The bill, AB 7, passed the Assembly on May 11, and the Senate on May 17. The bill contains many provisions that make it more difficult for certain individuals to vote, by requiring government photo-ID, and therefore Democrats have vigorously opposed it. However, Republicans are in a majority in both houses of the legislature, and the Governor is a Republican, so the bill will probably be signed into law.

Georgia Legislature Will Consider Ballot Access Reform Bill Early Next Year

Posted on by May 19, 2011
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A bill to improve Georgia ballot access was introduced a few months ago. It is HB 494, by Rusty Kidd (the legislature’s only independent) and Alan Powell, a Republican from Hartwell. It abolishes mandatory petitions for all candidates. Although the Georgia legislature has adjourned for the year, Georgia’s legislature has two-year sessions, so the bill could advance in 2012. Thanks to Garland Favorito for this news.