New Census Means North Dakota Initiatives, and Some Candidates, Need More Support

North Dakota is the only state that has no voter registration. North Dakota’s election law says indications of voter support for initiatives and for some candidates depend on how many people live in the state, instead of how many registered voters there are in the state. For example, candidates running in a primary for state legislature need the support of 1% of the population of that district (this covers both petitions to get on a primary ballot, and also the minimum number of votes needed in the primary for the candidate to advance to the November ballot).

Initiative petitions need the signatures of 2% of the state’s population.

Because the 2010 census shows that North Dakota’s population increased 4.7% compared to 2000, all those election law numerical requirements will now rise 4.7%, for the period covering the next ten years. North Dakota’s Secretary of State says the increase applies immediately, even to initiatives that are currently circulating.

U.S. Supreme Court Has Three Election Law Cases that have Already Had Conferences, but No Result

The U.S. Supreme Court releases advance information to the public about which cases it has on conference, for any particular conference date. The purpose of the conference is to decide whether to hear various cases. There are now three election law cases which have been through at least one conference, but the Court has neither accepted them nor rejected them, nor even set a new conference date for them.

The case over the special U.S. Senate election in Illinois has been through three conferences, the last of which was March 4. There is still no action by the Court on this case (which is really two cases, Burris v Judge and Quinn v Judge), and the Court hasn’t even set a new conference date.

The case over Dallas vote-counting machines and the Voting Rights Act had a conference on March 18, with no result and no new conference date announced.

Most recently, the Green Party of Connecticut case over discriminatory public funding had a conference on March 25, with no result and no new conference date. Of the three cases, the Connecticut case absense of action is the least puzzling. Another case involving public funding (from Arizona) will get a decision on the merits in the next two or three months, so it is plausible that the Court is holding the Connecticut case for further action when the Arizona decision comes down. But it is difficult to understand why the court has put action on the Illinois special election case, and the Texas vote-counting machine case, into the indefinite future.

Michael Chamness Asks 9th Circuit to Delay Ballot Printing in Special California Congressional Election

On March 28, Michael Chamness asked the 9th circuit to delay ballot printing, in the special election to fill the vacant 36th U.S. House seat, until the U.S. District Court in his case issues an order on whether he should have either “Independent” or “My party preference is the Coffee Party” on the ballot.

Chamness is one of the 18 candidates running in the May 17th election. His lawsuit, Chamness v Bowen, argues that it is unconstitutional for California to give candidates from qualified parties a choice of whether to have either their party preference, or their lack of party preference, printed on the ballot; while at the same time not giving members of unqualified parties any choice of label. They cannot have their party on the ballot; they can’t have “independent” on the ballot; they can only have “no party preference.”

The U.S. District Court held a hearing on March 21. U.S. District Court Judge Otis D. Wright still hasn’t acted, even though he has been made aware that ballot-printing starts on March 30. Here is the filing in the 9th circuit, case no. 11-70882.
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Idaho Bill for Party Registration

On March 28, the Idaho Senate State Affairs Committee introduced SB 1198. Currently, Idaho voter registration forms do not ask voters to choose a party. The bill provides that in the future, voter registration forms will include a place for voters to choose a party, or to choose “unaffiliated” status. The bill also says that sign-in sheets at the May 2012 primary will include a party membership checkbox. Starting in 2012, each qualified party would determine for itself whether or not to let independent voters vote in its primary.

Voters who don’t fill out a new voter registration form in the next two years, and who don’t vote in the 2012 primary, would automatically become independent voters. Voters who choose a Republican ballot in the May 2012 primary would be automatically listed as Republicans, and the same is true for the Democratic, Constitution, and Libertarian Parties. The bill does not provide for a blank line on the voter registration form for anyone to write-in the name of an unqualified party. That aspect of the bill may be unconstitutional; courts in five states have said that voters must be allowed to register into active unqualified parties. Also, the failure of the bill to provide for a blank line for a voter to write-in the name of a newly-qualifying party would mean that if a new party qualifies in Idaho, all the voter registration forms would need to be immediately reprinted.

If the bill passes, it is not out of the question that Idaho voters who are not happy with this system will create a new party, perhaps named the Moderate Party. Rhode Island already has a ballot-qualified party named the Moderate Party, and Alaska once had a ballot-qualified Republican Moderate Party.

German Greens Likely to Elect Premier of Populous German State

On March 27, the voters of Baden-Wuerttemberg state in southwest Germany cast ballots for state office. The Green Party placed second, with 24.2% of the vote. Because the Social Democratic Party received 23.1%, there is likely to be a coalition between those two parties. Because the Greens received more votes than the Social Democrats, if normal rules are followed, a Green Party member will become premier of the state, which has a greater population than Belgium and Luxembourg combined.

The Christian Democratic Union received 39%, and its allies the Free Democrats received 5.3%. See this story.