Newspaper Says Oklahoma Legislators are Pondering Eliminating Runoff Primaries

This story suggests that Oklahoma legislators have not yet decided whether to move the non-presidential primary from July to June, or whether to eliminate the runoff primary. The legislature must choose one of these options before it adjourns this year. The existing system cannot survive, because of the federal law that requires foreign absentee ballots to be mailed at least 45 days before an election. Current law has too little time between the primary and the runoff primary.

The legislature will adjourn for the year in mid-May or late May. If the legislature moves the non-presidential primary to June, the same bill moves the petition for a new party to March 1, which would be unconstitutionally early.

U.S. Supreme Court Won't Stay 6th Circuit Order, so Ohio Provisional Ballots from November 2010 can Finally be Counted

On April 20, the U.S. Supreme Court refused to grant a stay in the Hamilton County, Ohio election lawsuit over provisional ballots from the November 2, 2010 election. See this order. This means the two candidates for Juvenile County Judge, a Republican and a Democrat, will finally be able to learn who won the election. Thanks to Rick Hasen for this news.

Hamilton County Board of Elections didn’t want to count provisional ballots for certain voters who turned in the ballots to the wrong precinct location on election day, even though the voters were in the right building. There was confusion because there were two precincts voting in the same building. The voters were not at fault, because polling place officials gave them misinformation. Nevertheless, Ohio election law says provisional ballots are invalid if they are not turned in at the right precinct. But the U.S. District Court, and the 6th circuit, said they should be counted anyway, because Hamilton County had counted a different set of provisional ballots that had not been turned in at the correct precinct. The lower courts cited Bush v Gore, which said “Having once granted the right to vote on equal terms, the state may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.”

New Jersey Students Sue to Overturn 21-Day Advance Registration Deadline for Registering to Vote

On April 19, the Rutgers University Student Assembly, and several other groups, along with individual voters, filed a lawsuit against the New Jersey law that sets a 21-day advance registration deadline for people to register to vote. The case is Rutgers University Student Assembly v Middlesex County Board of Elections, superior court, Middlesex County. The lawsuit is based on the New Jersey Constitution. It argues that given modern technology, there is no need to close off voter registration as much as three weeks before any election. The complaint suggests that there is no strong state interest not to let voters register on election day. Thanks to Frank Askin for this news.

Kentucky Republican Candidates for Secretary of State Disagree on Whether Independent Voters Should be Allowed to Vote in Republican Primary

Kentucky holds elections in November 2011 for all the statewide state executive posts, including Secretary of State. The Democratic and Republican primaries are May 18. Two Republicans are running against each other for the party’s nomination for Secretary of State. Bill Johnson and Hilda Legg debated each other on April 18. Here is a four-minute you tube, in which Michael Lewis, calling in, asked each candidate whether independent voters should be allowed to vote in major party primaries. Johnson said “yes”; Legg said “no.”

Neither candidate is an office-holder currently. Neither candidate mentioned that if the Republican Party wants to invite independents into its primary, it need not wait for the legislature to authorize a bill on that subject. Political parties with their own primary have a constitutional right to invite independents to vote into their primary, regardless of state law, as a result of the 1986 U.S. Supreme Court decision Tashjian v Republican Party of Connecticut.

Georgia Elections Advisory Council Holds First Public Meeting on April 27

In one week, the Georgia Elections Advisory Council will hold its first public meeting. The purpose of this meeting is to let Georgia residents express themselves about problems with Georgia’s election laws. The first meeting is Wednesday, April 27, at 10 a.m., in room 341 of the Georgia state Capitol.

Anyone can speak about any topic for three minutes. It is possible to pre-register to speak, although this is not a requirement. To pre-register, go to www.sos.ga.gov/GAEAC. Members of the public are free to hand out written material to the members of the Council. The Council includes one Libertarian, and also includes the state’s only independent state legislator, Rusty Kidd, so there will be at least a few sympathetic ears on the Council to anyone who raises ballot access.

Georgia has the nation’s worst ballot access law: specifically, the Georgia law on ballot access for minor party and independent candidates for U.S. House. The law was stiffened in 1964 and ever since then, it has never been used successfully. There is no other ballot access law in the nation that approaches that level of disuse. The founding fathers expected U.S. House elections to be the most democratic aspect of the federal government. The original Constitution provided that the only branch of the federal government chosen directly by the voters was the U.S. House of Representatives. But Georgia has turned that concept upside down, and has a law that, in effect, prohibits anyone from being on the ballot for that office unless the person is the nominee of the Democratic or Republican Parties. The law requires a huge number of signatures, up to 20,000; and requires that the candidate pay a filing fee of approximately $5,000 before the petition is due and before the candidate can know if the petition is valid; the law requires each petition sheet to be notarized, which is also expensive; and the law disqualifies the work of any notary public who himself or herself circulates even one sheet. The petition cannot be circulated during an odd year and is due in early July. Thanks to Garland Favorito for the reminder about the hearing, and the details about the time limit for speakers, and the option to pre-register.