On February 8, the 3rd circuit upheld the action of a federal jury, in Carey v Wilkes-Barre, 07-2226. The eight-page decision is here.

In 2004, Denise Carey had organized a referendum petition, asking the voters to reverse a decision of the city to close a neighborhood fire station. Her petition seemed not to have enough valid signatures, so Carey had withdrawn it. Nevertheless, the city had then won an order in state court, ordering Carey to pay $11,056 for the costs of checking her petition.

Carey had then counter-sued the city in federal court, arguing that the $11,056 in fees against her was an illegal punishment for exercising free speech and petition rights. She had won her counter-suit before the federal jury, which awarded $67,000 to her. The city had then appealed that to the 3rd circuit, but the 3rd circuit has now upheld the jury verdict in her favor. This outcome may indirectly help to win the case now pending in the 3rd circuit against the unique Pennsylvania system that awards fees to people who challenge petition validity. The name of that case is Constitution Party v Cortes. Thanks to Oliver Hall for this news.

For the first time in history, there are now state legislative districts in the United States with population of over 1,000,000. The 2010 census figures find eight such districts in California, and two in Texas. Those are the two most populous states, and yet each of them has a surprisingly low number of State Senators. California has 40, and Texas has 31. See this story. Thanks to Michael Warnken for the link.

David Harmer, Republican nominee for U.S. House, 11th district, last year, is quoted in this story as praising California’s Proposition 14 because it keeps minor party candidates out of the general election. Harmer is the son of former Lieutenant Governor John Harmer.

The story also quotes Markham Robinson, Secretary of one faction of the American Independent Party, as saying that Proposition 14 may someday help minor party candidates. The data suggest otherwise. There have been 775 instances in the United States at which minor party candidates ran for state or federal office in blanket primaries or top-two primaries. Out of those 775 instances, there are only 2 at which a minor party member ever placed first or second (ignoring the obvious cases at which only one major party person ran). Even minor party candidates with the potential to win the election virtually never place first or second in the primary, because during primary season, voters are more interested in determining which major party candidates advance. Voters generally only pay attention to minor party candidates after the primary is over. For example, Jesse Ventura only polled 3% in Minnesota’s open primary in mid-September 1998, but he was elected as the Reform Party nominee in November 1998. The Minnesota example, however, is not an instance of a blanket or top-two primary, but it still makes the point.