House Administration Committee Passes Public Funding Bill for U.S. House Candidates

On September 23, the U.S. House of Representatives Administration Committee passed HR6116, the bill to provide public funding for candidates for U.S. House.  Candidates who raise at least $50,000 from voters in their state (not their district) qualify.  They receive four times as much in public funding as they had raised in qualifying contributions.  To qualify, they must receive contributions from 1,500 people.  These contributions range from $5 to $100.  Amounts over $100 can be received but don’t count toward qualifying.  If 1,500 is a larger number than one-fourth of 1% of the voting age population of a state, then the number of qualifying contributions needed declines to one-fourth of 1% of the voting age population.  That latter provision makes it somewhat easier for a Wyoming resident to qualify.

The vote was 5-2, with one abstention.   Three Republicans are on the committee, but one was not present.  The other two Republicans voted against the bill.  Five Democrats on the Committee voted “Yes”.  Artur Davis, a Democrat from Alabama, abstained, although before the vote was cast, he spoke against the bill.   Thanks to ElectionLawBlog for the news that the bill had passed the Committee, and thanks to Bill Maurer and Susan Anderson for the vote breakdown.  The vote was a voice vote and the Committee did not make a record of who voted how.

The bill, if passed, would take effect on January 1, 2011.  Whether it passes or not, it is legally and politically significant that the bill does not discriminate for or against any candidate based on that candidate’s party affiliation, or lack of party affiliation.  This will probably be relevant when the U.S. Supreme Court is asked to review Connecticut’s public funding system, which is highly discriminatory against independent candidates.

An almost identical bill, introduced last year, is HR 1826.  HR 6116 was introduced on September 14, 2010, and copied the contents of HR 1826 to a large degree.  The bill doesn’t include provisions for U.S. Senate candidates, because it is traditional in Congress that bills that affect members of one house should originate in that particular house.

Oklahoma Voters Will Vote on Whether to Lower Number of Signatures for Initiatives

On November 2, Oklahoma voters will be asked if they wish to pass Question 750, which lowers the number of signatures for statewide initiatives.  Current law says initiatives to change a statute need the signatures of 8% of the last vote cast.  Question 750 would change this to 8% of the vote cast in the last gubernatorial election.

In Oklahoma, as in all states, voter turnout is much higher in presidential years than in midterm years.  Thus, if voters approve Question 750, the result would be to make it easier to get initiatives on the ballot in midterm years.  The measure would have no impact on the number of signatures needed in presidential election years.

The legislature put this measure on the ballot, in 2009.  The voters must vote on the idea, because the State Constitution contains the requirements on how many signatures initiatives need, and the Constitution can’t be changed unless the voters agree.

SurveyUSA Poll Shows California Minor Party Gubernatorial Candidates Together Receiving 8%

A SurveyUSA poll of the California gubernatorial race, released September 22, shows these results:  Democrat Jerry Brown 46%; Republican Meg Whitman 43%; “other” 8%; undecided 3%.  The other candidates on the ballot are the nominees of the American Independent, Green, Libertarian, and Peace & Freedom Parties.  The poll shows that 11% of the independents, and 9% of the Republicans, are for “other”, whereas only 5% of the Democrats are for “other.”

A Field Poll released on September 23 lumps “other” and “undecided” into the same category, which is not helpful.  It shows “undecided/other” at 18%.  Brown and Whitman in this poll are each at 41%.

California press has been slow to cover any of the four ballot-listed minor party candidates.  Even Chelene Nightingale’s 190-mile trek up the San Joaquin Valley did not get covered in any daily newspaper, even though it was covered in alternate sources.  See here.  Thanks toIndependentPoliticalReport for that link.  UPDATE:  apparently the walk did get covered in some daily newspapers; thanks to Gary Odom’s comment for the correction.

West Virginia Supreme Court Won’t Accept Case Immediately on Whether State Should Use One or Two Ballots

On September 23, the West Virginia Supreme Court refused to take immediate jurisdiction of a lawsuit on whether the state should use one or two ballots in November.   The Secretary of State had ruled that there should only be one ballot, which would contain the regularly-scheduled elections, as well as several special elections.  An independent candidate had filed a lawsuit in the West Virginia Supreme Court, arguing there should be one ballot for the regularly-scheduled offices, and a separate ballot for the special elections.

Meanwhile, the Republican Party had filed a similar lawsuit in a lower state court.  The West Virginia Supreme Court wants the case heard by the lower court first.  See this story.  The lower court will hear the case on Friday, September 24.

Ninth Circuit Holds En Banc Rehearing in Case on Relationship of Felon Voting Rights and Voting Rights Act

On September 21, the 9th circuit held oral arguments in Farrakhan v Gregoire, 06-35669.  This was an en banc rehearing with eleven judges participating.  This article seems to feel the decision could go either way.  The issue is whether the federal Voting Rights Act can ever be used to overcome a state’s ban on ex-felons and felons voting.

The same issue is pending before the U.S. Supreme Court, in a case from Massachusetts called Simmons v Galvin.  The U.S. Supreme Court may wait for the 9th circuit opinion before it decides whether to hear the Massachusetts case.  If the en banc panel of the 9th circuit reaffirms the earlier decision of that circuit’s 3-judge panel, then there will be a split in the circuits.  The Massachusetts decision had been 2-1 against the idea that the Voting Rights Act can be used against state laws on ex-felon and felon voting.