U.S. Supreme Court Wants Texas Democratic Party to Respond in Voting Machine Case

On January 13, the U.S. Supreme Court requested the Texas Democratic Party to file a response in Dallas County v Texas Democratic Party, 10-755. This tends to show that the Court is somewhat interested in the case, and is thinking about accepting it. The issue is whether Dallas County was required to ask for approval from the Voting Rights Section of the U.S. Justice Department when it purchased a different kind of vote-counting machine. The Democratic Party did not like the new machine because it seemed to increase the odds that voters would leave the polling place, thinking they had voted in all partisan races, and yet actually having voted in only a single partisan race.

The lower court had ruled that the voting machine change did require approval from the Voting Rights Section.

ACLU Fights Georgia Restrictions on Voting for Persons in Jail for Misdemeanors

The ACLU Voting Rights office is fighting in the 11th circuit for the ability of persons jailed for misdemeanors to be able to vote absentee. There is no constitutionally valid reason for any state to prevent persons convicted of misdemeanors from voting. Restrictions on voting, in all states, only involve persons convicted of felonies, not misdemeanors.

Nevertheless, a combination of Georgia laws and practices prevented some persons in jail from voting in the November 2008 election. One of them sued, but lost on a technicality in U.S. District Court in October 2010. Here is the ACLU’s opening brief in the 11th circuit. The case is Swann v Kemp, 10-14901. Georgia law protects the ability of voters who are in jail for a misdemeanor to receive absentee ballots at the jail, if their home county is a county other than where they are in jail. But if they are in jail in their home county, they can’t have an absentee ballot mailed to them at the jail. Instead, the absentee ballot can only be mailed to the prisoner’s home, and the prisoner is then dependent on having someone at the home address visit him or her and deliver the ballot. Furthermore, in this particular instance, the jail authorities did not inform the prisoners of this procedure. The U.S. District Court dismissed the case because the prisoner didn’t list the jail’s address as an alternative address on his absentee ballot application, even though even if he had, nothing would have changed, because it is against state law for the ballot to have been mailed to that jail.

Washington State Bill to Abolish Presidential Primary

Washington State Senator Craig Pridemore (D-Vancouver) has introduced SB 5119. It would abolish the presidential primary for 2012. In 2008, the Washington presidential primary was on February 19. The bill was introduced at the request of the Secretary of State. The Governor also supports the bill, because abolishing the presidential primary would save taxpayer dollars. Thanks to Josh Putnam of Frontloading HQ for this news. Frontloading HQ is the premier news source for news about state legislative bills that affect presidential primaries.

Veteran Petitioner Andy Jacobs Arrested for Petitioning Outside Public Library in Maryland

Andy Jacobs, a professional petition circulator, has been arrested for collecting signatures in front of a public library in Maryland. He was working on the Green Party’s ballot access petition at the time. See this story. Because the reporter talked to an American Civil Liberties Union staff attorney, it is obvious that the ACLU knows what happened to Jacobs. Hopefully, the ACLU will help him defend himself.

Arizona Bill to Require Half of Signatures for Initiatives to be Collected by Unpaid Circulators

Arizona Representative John Kavanagh (R-Fountain Hills) has introduced HCR 2005. It would require initiative proponents to obtain at least half their signatures from circulators who were not being paid. See this story. The bill would probably be held unconstitutional if it were passed by the legislature and then by the voters. In 1988, the U.S. Supreme Court unanimously ruled that states cannot bar paid circulators.

By analogy, in 1978, a U.S. District Court struck down Maryland’s March petition deadline for independent and minor party candidates. The legislature then passed a new law, saying one-third of the signatures for a minor party or independent candidate had to be submitted by the same March deadline, but that the remainder were not due until August. Another U.S. District Court in 1980 struck that law down as well, and the 4th circuit affirmed. Thanks to Ballot Box News for the link.