U.S. District Court Upholds 12,500 Petition Requirement for Chicago Citywide Candidates

On January 10, U.S. District Court Judge Robert M. Dow, Jr., a Bush Jr. appointee, upheld the Illinois election law that requires candidates for citywide office in Chicago to obtain 12,500 signatures. The case is Stone v Board of Election Commissioners, 10-cv-7727. The 15-page opinion can be read here. The link goes to the brief that the plaintiffs filed in the 7th circuit, asking for reversal; the decision is at the end of the brief, in the Appendix.

The decision was not surprising. 12,500 signatures is 2.74% of the number of people who voted in the last Chicago citywide election, in February 2007. It is also less than 1% of the number of registered voters in Chicago. Six candidates for Mayor qualified for the 2011 election, and the petitions of three other Mayoral candidates may or may not succeed, depending on the outcome of challenges that are still going on.

South Carolina State Senator to Introduce a Bill Barring Ex-Felons from Running for Office

According to this story, South Carolina State Senator Shane Massey (R-Edgefield) plans to introduce a bill, preventing anyone who was ever convicted of a felony (or, perhaps, just certain felonies) from running for office. The U.S. Constitution sets forth the requirements for anyone to run for, or to hold, federal elected office. Generally state Constitutions also set forth the requirements for people to hold state elected office. Therefore, it is likely this proposed bill could only affect candidates for county and municipal office.

Constitution Party County Commissioner Chosen Chair of the White Pine County, Nevada Commission

On January 3, John Lampros was chosen Chairman of the White Pine County, Nevada County Commission. Lampros had been elected a member of that Commission in a partisan election on November 2, 2010. He was the nominee of the Independent American Party, which is the Constitution Party affiliate in Nevada. Lampros is the highest-ranking elected official from the Constitution Party anywhere in the nation, since the party had a state legislator, Rick Jore, in Montana. See this story. Thanks to Cody Quirk for the link.

White Pine County is in eastern central Nevada, bordering Utah. The county seat and largest town in the county is Ely.

North Dakota Bill for a Blanket Primary

On January 10, two North Dakota Representatives, Corey Mock and Lee Kaldor, introduced HB 1299, to provide for a blanket primary. North Dakota now has open primaries. Currently, any voter is free to vote in any party’s primary ballot (and the choice of which party’s primary ballot is made in secret), but the voter must confine voting to the primary ballot of only one party.

The bill would change that, so that any voter could vote for any candidate in any party’s primary. This is the system that California used in 1998 and 2000, and for all special elections 1967 until 2010. It is also the system used by Washington state from 1934 until 2006, and it is the system used currently in Alaska (except that Republican candidates do not appear on the Alaska blanket primary ballot). Blanket primaries are not intrinsically unconstitutional, but they are unconstitutional as applied to any political party that doesn’t desire that kind of primary. They do not limit choices on the November ballot.

The authors are both Democrats. They say they are sympathetic to the pending lawsuit filed by the Libertarian Party against the law that says no one may be nominated for the legislature unless he or she receives approximately 130 votes in the primary. Not enough voters choose to vote in a minor party’s primary to make this goal reasonable. No minor party candidate for the legislature has managed to qualify since 1976. Of course, another solution would be to eliminate the minimum vote test. No other state has a minimum vote test for candidates whose names are printed on partisan primary ballots.

U.S. District Court in Washington State Says Top-Two Law Does Not Violate Political Party Freedom of Association

On January 11, U.S. District Court Judge John Coughenour, a Reagan appointee, ruled that Washington state’s top-two system does not violate the associational rights of political parties. The decision is Washington State Republican Party et al v Washington State Grange, 2:05-cv-927. See here for the 24-page opinion. The judge canceled the trial that had been set for January 18.

The opinion also holds that the state’s method of electing party officers in the top-two primary is unconstitutional. Now, the legislature will need to change the procedure for those elections. It is possible the legislature will simply change the law to abolish public elections for party officers.

Last year, Judge Coughenour had ruled that Washington state’s top-two system does not violate the U.S. Supreme Court’s ballot access precedents. He made that ruling before much evidence had been introduced on that point. The plaintiffs will now be able to appeal that ruling, as well as the recent ruling, to the 9th circuit, and they will do so.

Judge Coughenour acknowledged that the evidence on freedom of association does show that many Washington state voters are confused about whether a party label on the ballot indicates that the party approves of the candidate. But he said the standard for judgment must be whether “reasonable, well-informed” voters are confused, and that the evidence about “unreasonable, uninformed voters” is irrelevant.