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.

Washington Post Columnist Expects California Redistricting Commission to Shake up State's Congresional Delegation

Chris Cillizza of the Washington Post has this interesting article about the probable effects of California’s new redistricting process, in relation to U.S. House elections. The column expects that some incumbents will lose their seats. Thanks to Rick Hasen’s ElectionLawBlog for the link.

U.S. District Court in Ohio Rules that Some Provisional Ballots Must be Counted; Decision Depends on Bush v Gore

On January 12, U.S. District Court Judge Susan Dlott ruled that Hamilton County Board of Elections must count 149 provisional ballots that were cast in November 2010. The case is Hunter v Hamilton County Board of Elections, southern district, 1:10cv820. Counting these votes will determine who won a very close election for Juvenile Court Judge, but of course if the votes are counted, that will increase the vote totals for all candidates in all races in the November 2010 election. Here is the 10-page order.

Generally, provisional ballots in Ohio that were cast in the wrong precinct cannot be counted. But in this instance, the evidence establishes that the voters appeared at the correct physical location to vote. There were several precincts contained within one physical space. Polling place officials mistakenly sent some voters to the wrong polling stations within that physical space. The federal court order says that because Hamilton County had already decided to count some other provisional ballots in which the voter was not at fault, therefore the County must count all such provisional ballots in which the voter was not at fault. The U.S. Supreme Court decision of December 12, 2000, in Bush v Gore, is the basis for the order, because Bush v Gore ruled that the U.S. Constitution requires that all voters be treated equally.

This case is dramatic, because the outgoing Secretary of State had directed that these ballots be counted, but the incoming new Secretary of State had reversed that directive. Also the State Supreme Court had ruled previously that such ballots should not be counted. See this story. Thanks to Carter Momberger for the link.

Possible Special California Statewide Election in June 2011 Will Probably Advance Vote-by-Mail

California Governor Jerry Brown is likely to call a special election for June, 2011, for votes on proposed tax and budget questions. It is likely that some counties will do whatever they can to eliminate polling places for this election, and depend entirely on mail ballots. For example, see this story about Humboldt County.

Oregon is the only state that votes entirely by mail. Washington votes entirely by mail except for one county, and the Secretary of State is urging the Washington legislature to pass a bill requiring all counties to use only mail ballots.