U.S. District Court Approves Cumulative Voting for Port Chester, New York

Posted on by November 6, 2009
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On November 6, a U.S. District Court ruled orally that Port Chester, New York, should use Cumulative Voting for its elections for Village Trustee. In 2006, the U.S. Justice Department, Voting Rights Section, had sued to force Port Chester to stop using at-large elections for Village Trustee. Almost half the population is Hispanic, but no Hispanic had ever been able to win an election for that office.

The case is USA v Village of Port Chester, 06cv-15173. The judge’s explanation will be issued soon. Cumulative voting, used in some multi-winner elections, gives each voter multiple votes. The voter can give all his or her votes to one candidate, or spread them around to several candidates. It enables groups that are less than a majority to put all their strength behind a single candidate, and give that candidate a fair chance at winning.

The Hill’s Blog Asks U.S. Leaders to Comment on Independent/Third Party Political Activity

Posted on by November 6, 2009
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On November 6, “The Hill” , on its blog, posed this question to various members of Congress and political commentators: “Is there a real opening for independent/third party candidates?” See the responses at this link. Thanks to Nancy Hankster for the link. One of the responses is from Congressman Ron Paul.

Tennessee Judge Gives State More Time to Obtain Vote-Counting Machines with Paper Trail

Posted on by November 6, 2009
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In 2008, the Tennessee legislature passed a law that requires that all vote-counting machines used in the state by 2010 must provide for a paper trail. However, almost all counties in Tennessee now use electronic vote-counting equipment that does not provide a paper trail. On October 1, 2009, Common Cause of Tennessee had sued the Secretary of State to force him to start buying vote-counting equipment that satisfies the law. The case is Thompson v Hargett, Davidson Co. Chancery Court, 09-1882-IV. UPDATE: here is interesting commentary about this decision from November 7.

On November 6, Chancery Court Judge Russell Perkins said he would not issue an injunction in this case at this time, but his order also says “The court is concerned about some of the slow progress that appears to be associated with this particular Act.” The order also casts doubt on the Secretary of State’s contention that no machines are for sale that comply with the Act. The Secretary of State is expected to ask the 2010 session of the legislature to repeal to 2008 Act. The legislature considered repealing it during the 2009 session, but did not do so.

Idaho Ballot Access Lawsuit Has Hearing Date

Posted on by November 6, 2009
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The Idaho ballot access lawsuit, Daien v Ysursa, has a hearing date in U.S. District Court in Boise, Idaho. It will be argued Monday, December 14. Donald Daien, the plaintiff, lives in Arizona and wants to be able to circulate a petition in 2012 for any independent presidential candidate whose politics he agrees with, in the future, in as many states as possible. Idaho bans out-of-state residents from circulating petitions in Idaho.

The lawsuit also challenges the number of signatures required for an independent presidential candidate in Idaho. Idaho requires such a petition in 2012 to have 6,552 valid signatures. But Idaho only requires 1,000 signatures for a statewide independent running for office other than president. The lawsuit argues that if 1,000 is enough to keep the ballot from being crowded with too many independent candidates for offices such as Governor and U.S. Senator, there is no real state interest in requiring more than six times as many for President.