British voters rejected the ballot question to use Instant Runoff Voting, 32% to 68%. Turnout was approximately 44%. This was the first British ballot question, covering the entire nation, since 1975. See this story. Thanks to Rick Hasen for the link. The measure initially was leading in the polls, but then the Conservative Party launched an all-out campaign against it.
On April 13, Americans Elect turned in its petition for party status in Arizona. The counties are checking the signatures now, and expect to be finished by May 13. Assuming the petition is valid, Americans Elect will then be ballot-qualified for 2012 in three states. The other two are Nevada and Florida.
Americans Elect wants to choose a presidential nominee in the summer of 2012, in which all U.S. voters would be eligible to participate. The group hopes to nominate a presidential candidate via internet voting. Americans Elect does not desire to have candidates for any office other than President and Vice-President (and presidential electors, of course).
On May 4, the 7th circuit issued this 3-page opinion in Stone v Neal, 11-1085. This case challenges the requirement that all candidates for non-partisan citywide office in Chicago need 12,500 valid signatures to get on the ballot.
The Court said there is nothing for it to do in this case at this time, because the election is over, and therefore the appeal of the District Court’s order, denying injunctive relief, is moot. The case now returns to the U.S. District Court for a decision on the constitutionality of the requirement. The tone of the 7th circuit’s order is ever so slightly favorable to the candidates who brought the lawsuit. The first paragraph highlights that Chicago’s ballot access requirements seem sharply at variance with the ballot access laws of other large U.S. cities.
The Alabama Senate had been expected to consider HB 425 on Thursday, May 5. However, it did not do so, and the legislature has now taken a recess until May 24. HB 425 moves the primary for all office from June to March, and also moves the petition deadline for new parties, and non-presidential independent candidates, from June to March.
After the legislature reconvenes on May 24, it will be in session until June 7, give or take a day. In the interim, Senator Cam Ward is expected to inform his fellow legislators that the 11th circuit already struck down Alabama’s old April petition deadline, back in 1991, and that the state would face legal problems if it passes HB 425 in its current form.
On April 12, Ohio Senator Mark Wagoner introduced SB 148, with the backing of the Secretary of State. It is an omnibus election law bill, and includes a provision for a new procedure for minor parties to get on the ballot. The old procedure was held unconstitutional in 2006.
The bill provides that a petition to qualify a new or previously unqualified party needs signatures equal in number to one-half of 1% of the last vote cast. If this bill had been in effect in 2010, it would have required 28,542 valid signatures. If it were in effect in 2012, it would require 19,263 valid signatures. The petition would be due 100 days before the primary. If it were in effect in 2012, the petition deadline would be November 26, 2011 (the next Ohio statewide primary is March 6, 2012).
The bill also has a provision for a party that does not wish to run anyone for any partisan office except President. That petition would also require one-half of 1% of the last vote cast, but it would not be due until 80 days before the general election, which would be August 18, 2010.
It is not clear if the Secretary of State believes that this bill, if signed into law, could be implemented for 2012. If it were signed into law, for example, in July 2011, it would give parties only four months to comply with the law. Some courts have ruled in the past that when a new petition hurdle is implemented during the middle of the petitioning season, due process requires that the number of signatures be reduced proportionately to the time not available.
It is likely that the new petition deadline (for parties that wish to have candidates for all office, not just president) would still be unconstitutional. Petition deadlines for new parties that are earlier than the primary, and earlier than May, have always been declared unconstitutional, regardless of how few signatures are required. Even states that had very low signature requirements could not win in court against petition deadlines in April or earlier. Examples are Alaska, Kentucky, Maine, and New Jersey, all of which required 5,000 or fewer signatures for new parties, or new party nominees, but still had their early deadlines thrown out.
