Libertarian Party Asks U.S. Supreme Court to Hear Louisiana Ballot Access Case

On April 8, the Libertarian Party asked the U.S. Supreme Court to hear its appeal in Libertarian Party v Dardenne. The issue is whether Bob Barr should have been on the November 2008 ballot in Louisiana. The party submitted its presidential elector paperwork on time, from the viewpoint of the Governor’s Emergency Proclamation, but late, from the viewpoint of the Secretary of State’s rules. Here is the brief, which not only presents the ballot access issue, but the separate issue of whether the case should be considered moot or not, and a third issue of whether the state should have accepted service without the need for the party to pay a process server.

The U.S. Supreme Court now has four ballot access cases, and should decide before June whether to hear any of them. They are the Florida case on petitioning at the polls, and the cases for presidential ballot access in 2008 from Mississippi and Louisiana, and the Alabama case over the number of signatures for an independent for Congress.

Supreme Court Sets Conference Date for Case on Felon Voting and Voting Rights Act

On April 23, the U.S. Supreme Court will consider whether to review Simmons v Galvin, 09-920. This is the case from Massachusetts over whether the federal Voting Rights Act has any relevance to state laws that bar ex-felons or felons from registering to vote. In the First Circuit, the 3-judge panel had voted 2-1 that Congress never intended the Voting Rights Act to have any relevance to that issue.

However, on January 5, 2010, the 9th circuit ruled 2-1 that the Voting Rights Act does apply to that issue. That case is Farrakhan v Gregoire. Because there is now a split in the circuits on the issue, it is considered somewhat likely that the U.S. Supreme Court will hear Simmons v Galvin.

California Legislative Committee Passes Election-Day Voter Registration

On April 6, the California Senate Elections Committee passed SB 1140 by a vote of 3-2. It permits unregistered voters to register on election day. However, for 2012, such voters could only do this at a county government office, not at a neighborhood polling place. The bill now goes to the Senate Appropriations Committee. The bill’s author is Senator Leland Yee (D-San Francisco).

San Mateo County, California, Ponders Alternate Voting Systems

Every county in California elects county supervisors by district, except for San Mateo County, which elects them at-large (however, the county is divided into 5 districts, and the law requires that one board member must live in each of the 5 districts). On April 7, the county’s Charter Review Commission held a hearing on whether to use another type of system. See this story about the hearing in the San Mateo Daily Journal. The story does not mention that there was testimony in favor of using proportional representation.