Alabama Ballot Access Bill Has Hearing March 8

Posted on by March 6, 2011
6

The Alabama Senate Constitution, Campaign Finance, Ethics & Elections Committee will hear SB 17 on March 8, Tuesday. This is the bill by Senator Cam Ward to lower the number of signatures for independent candidates (for office other than President) from 3% of the last gubernatorial vote, to 1.5%. Senator Ward is working on amending the bill so it makes the same change for minor party candidates, at least for statewide offices and U.S. House.

Currently, Alabama is the only state in which the easier petition method (either independent, or new party) for getting onto the November ballot, for non-presidential statewide office, is harder than 2% of the last vote cast. The existing 3% requirement was passed in 1995. Before then, it had been 1% of the last gubernatorial vote. The legislature tripled the requirement because it was angry that a Patriot Party candidate for partisan county office had been elected, even though he was a “sore loser.” Of course, if the legislature had been angry about a sore loser, the more rational response would have been to outlaw sore losers, instead of punishing all independent and minor party candidates. The Patriot Party candidate who was elected in 1994, even though he had lost the Democratic primary, was William Roberson, elected to the Greene County Commission.

Interesting First Amendment Case to be Argued in U.S. Supreme Court has Election Law Implications

Posted on by March 6, 2011
6

On April 27, the U.S. Supreme Court will hear arguments in Nevada Commission on Ethics v Carrigan, 10-568. In 2006, a Sparks, Nevada city councilmember, Michael Carrigan, voted to approve a measure allowing casinos to be built within certain parts of Sparks that had previously been off-limits for casinos. Before he voted, he publicly acknowledged that the individual seeking to build the new casino was his friend and former campaign manager. However, Carrigan pointed out that he himself had no pecuniary interest in the casino. The bill was defeated by the city council on a 3-2 vote, so even if Carrigan had abstained (instead of voting “yes”), the result of the vote would have been the same.

The Nevada Commission on Ethics censured Carrigan. But the Nevada Supreme Court ruled that the censure was improper, because elected public officials have a First Amendment right to cast votes. The Nevada Supreme Court acknowledged that elected officials can be required to recuse themselves on issues in which they have a vested interest, but said the particular law that authorized the censure is too broad. The issue of whether the casino should be built had been the leading political issue when Carrigan was re-elected, and because the councilmember won his election, it is reasonable to assume that his vote to approve the casino was a reflection of majority voter sentiment. Therefore, Carrigan points out that if he had not been allowed to vote, his constituents would have gone unrepresented. The decision of the Nevada Supreme Court is Carrigan v Commission on Ethics, 236 P.3d 616.

The U.S. Supreme Court has not been clear about whether voting is First Amendment activity or not. If the Court rules that a vote by an elected public official is entitled to some First Amendment protection, that will have implications for votes by ordinary voters as well.

Special Election for Alabama Legislature Will be Between a Republican and a Constitution Party Nominee

Posted on by March 6, 2011
11

Alabama will hold a special election on June 28 to fill the vacant seat in the State House of Representatives, 105th district. The legislator elected in November 2010, Spencer Collier, resigned in January to take a job in the executive branch of state government. The election will be between Bill Atkinson, the Constitution Party nominee, and whoever wins the special Republican primary on March 22.

The Constitution Party qualified to run in this special election by submitting a petition signed by at least 235 valid signatures (3% of the vote cast in this district in November 2010). No Democrat filed to run, even though a Democrat would not have needed to collect any signatures. Democrats didn’t run for this seat in November 2010 either. The seat is in southern Mobile County. Thanks to Joshua Cassity for this news.

South Carolina U.S. District Court Expedites Republican Party Challenge to Open Primary, and Lets Independent Voting Intervene

Posted on by March 5, 2011
2

On March 5, U.S. District Court Judge J. Michelle Childs, an Obama appointee, agreed to expedite the lawsuit Greenville County Republican Party v State of South Carolina, 6:10-cv-1407. This is the lawsuit in which the Republican Party is seeking to prevent non-Republicans from voting in Republican primaries, especially primaries for municipal partisan office. The basis for expediting the case is that some of these partisan municipal elections are being held this year, and candidate filing for these races closes on March 30.

Judge Childs also agreed to let the intervenors participate in the lawsuit. The intervenors were brought together by Independent Voting. However, the intervenors must submit their evidence by March 8. The Republican Party had argued against letting any intervenors into the case, because the party had argued that they would cause the case to be delayed. The intervenors include some Democratic state legislators, and some officials of the Constitution Party, the Independence Party, and the Labor Party. Thanks to Nancy Hanks for this news.

New Mexico Gains its First Independent State Legislator

Posted on by March 5, 2011
3

On January 25, New Mexico Representative Andy Nunez changed his registration from “Democratic” to “independent.” He did so because he had been removed as chair of the Water and Natural Resources Committee. Nunez lost his chairmanship because he opposed Speaker Ben Lujan for another term as speaker. But Lujan was re-elected speaker anyway, and then Lujan used his authority to choose another legislator to head the Water and Natural Resources Committee. Both Lujan and Nunez are 75 years old.

Nunez is the first independent in the New Mexico legislature. No one has been elected to the New Mexico legislature, other than Democratic and Republican nominees, since 1914, when the Socialist Party and the Progressive Party each elected a legislator. New Mexico did not even permit independent candidates to get on the ballot until 1977. The state was forced to provide procedures for independent candidates, because in 1976 independent presidential candidate Eugene McCarthy sued New Mexico over that aspect of its election law, and won the lawsuit. Thanks to Gene Armistead for the news about Nunez.