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.

Alabama Elected Official Switches from Democratic to Republican Parties, but Republican Party Committee Asks Him to Switch Back

In December 2010, Alabama Circuit Court Judge Howard Hawk, who serves in Marshall County, announced he had changed his party affiliation from Democratic to Republican. But earlier this month, the Republican Party Executive Committee of that county passed a resolution asking Judge Hawk to switch back to the Democratic Party. The judge declined that request, and says he has support from the state Republican Party. See this story.

Alabama elects trial court judges in partisan elections. Thanks to Ed Still’s VoteLaw blog for the link.

Idaho Secretary of State Will Ask for Independent Presidential Candidate Ballot Access Improvements

The Idaho Secretary of State’s office is working on its proposed omnibus election law changes bill. The office expects to include a proposal lowering the number of signatures for an independent presidential candidate to exactly 1,000 signatures. The existing law, requiring approximately 6,000 signatures, was declared unconstitutional last year and the state did not appeal. The proposal will also eliminate the in-state residency requirement for petition circulators.

Virginia Bill to Move 2011 Primary from June to September

Virginia Delegate Mark Cole (R-Fredericksburg) has introduced HB 1507, to move the 2011 primary from June 14 to September 13. Virginia holds elections for state office in odd years, including 2011, of course. The reason for the bill is that there is little time for states with odd year elections for state office to draw new district boundaries after a census. The new boundaries probably won’t exist until July. Even if the legislature rushes a new redistricting plan, the Voting Rights Section of the U.S. Justice Department must approve the new boundaries.

The bill would also change the petition deadline for independent candidates, and the nominees of unqualified parties, from June to September. A federal law passed by Congress in 2009, to help overseas absentee voters, has the effect of requiring all states to eventually hold primaries no later than August. However, that bill only controls federal elections. Therefore, Virginia is free to hold September primaries in 2011, a year when only state office is on the ballot.

Utah Legislator Discovers He Doesn’t Live in His Own District

Utah state representative Craig Frank (R-Cedar Hills) moved to a new home on January 1, 2009, but he believed his new home was still in the district he had been representing. However, the new home was not in his district. No one noticed, and he filed for re-election in 2010 and was re-elected. Then he himself discovered the problem. The legislature may be called into special session to redraw the boundaries. See this story.

The district is overwhelmingly Republican. Frank received 77.47% of the vote in the November 2010 election. His Constitution Party opponent, Curt Crosby, received 6.82%; his Democratic opponent, James Crismon, received 15.71%. Thanks to Rob Latham for the link.