U.S. District Court Sets Oral Argument in Case Against Two Particular Details of California Top-Two System

On July 14, U.S. District Court Otis Wright set an oral argument in Chamness v Bowen, cv11-01479. This is the case that challenges the part of California’s top-two system that lets some candidates use their party label on the ballot but does not let certain other candidates use their party label on the ballot. Here is the order, saying that although the judge is still inclined to uphold the ballot label law, he wants to be fair and to listen to oral argument.

On July 18, the scope of the case was potentially expanded, when a write-in candidate for U.S. House in the July 12 special election (36th district in western Los Angeles County) asked to intervene in the case. The candidate voted for himself, because the ballot contained write-in space, but his vote was not counted because the law implementing the top-two system says write-ins can never be counted in the general election for Congress and partisan state office. It will be interesting to see if the judge permits the intervention. Earlier he permitted former Lieutenant Governor Abel Maldonado to intervene in this lawsuit.

Here is commentary about the case from Damon Eris, writing at California Independent Voter Network.

Sacramento Bee Asks California Governor to Veto Bill that Outlaws Paying Circulators Per Signature

The July 20 Sacramento Bee has this editorial, asking California Governor Jerry Brown to veto SB 168. That is the bill that makes it illegal for initiative, referendum and recall petition circulators to be paid on a per-signature basis. This is a very significant editorial. The Sacramento Bee almost always endorses Democrats, not Republicans, for public office. The bill passed with unanimous opposition from Republican legislators, but only three Democratic Assemblymembers failed to vote for the bill.

The Bee editorial says what everyone knows, that the motive behind the bill is not to prevent fraud, but to make it more difficult to put initiatives on the ballot.

South Dakota Libertarian Party Gets Ready to Start Petition Drive to Get Back on Ballot

With financial help from the national Libertarian Party, the South Dakota Libertarian Party is about to begin its petition drive to regain its status as a qualified party, which it last held in 2006. Currently there are no qualified parties on the ballot in South Dakota except for the Democratic and Republican Parties. The Constitution Party had been on the ballot in 2008 and 2010, but did not poll as much as 2.5% for Governor in 2010, so went off the ballot.

When a party petitions in South Dakota in a presidential year, it is also automatically on the ballot for the following midterm year, so the 2012 Libertarian petition, if successful, will also give the party status in 2014.

The Green Party has never been ballot-qualified in South Dakota.

Americans Elect Qualifies in Alaska

The Alaska Division of Elections has verified the petition of Americans Elect to be a qualified party. The procedure Americans Elect used in Alaska is called a limited political party, which means it is ballot-qualified for president and vice-president, but no other offices. This suits Americans Elect, because the group does not desire to run candidates for any office in 2012 except president and vice-president.

Idaho Republicans Will Choose National Convention Delegates by Caucus Instead of Primary

Idaho law provides for a presidential primary in May (simultaneous with the primary for other office). However, on July 16, the Republican State Central Committee voted to choose delegates to the national convention by caucus on March 6. Because the Democrats also usually choose delegates by caucus in Idaho, and because the state’s two ballot-qualified minor parties normally don’t use a presidential primary, this means the 2012 presidential primary in Idaho will be completely meaningless. Republicans will discuss with Democrats the idea of a bill early in the 2012 legisiative session to eliminate the presidential primary. Thanks to Josh Putnam of Frontloading HQ for this news.