On June 30, the 10th circuit affirmed last year’s U.S. District Court decision in New Mexico Youth Organized v Herrera, 09-2212.  The 19-page decision is here.  Two organizations, New Mexico Youth Organized, and Southwest Organizing Project, sent out direct mail in the spring of 2008, criticizing two New Mexico State Senators for their votes on certain bills in the legislature.  The two Senators complained to the Secretary of State that the two organizations had never filed as political committees.  The Secretary of State initially said the law didn’t require the organizations to do that.

The New Mexico Attorney General had then advised the Secretary of State that the two organizations should be told that they must register as political committees.  This would have meant that they had to file the names and addresses of their officers, and make periodic reports of expenditures and contributions.  Both the U.S. District Court and the 10th circuit ruled that states do not have the authority to regulate groups that way, because the groups did not explicitly tell voters to vote against the State Senators, nor to vote for the opponents of those State Senators.  Furthermore the organizations were not formed specifically to influence voters to vote in a certain manner.  Thanks to Rick Hasen for the news.

On June 30, a Solano County, California Superior Court Judge suggested orally that he will not alter the state’s recognition of Markham Robinson as state chair of the American Independent Party.  Robinson is the leader of the faction of the party that is opposed to the national Constitution Party, and the faction that put Alan Keyes on the November 2008 ballot as the AIP’s presidential candidate.

The Robinson faction of the AIP held its state convention and state central committee meeting on June 26 in Sacramento.  Eleven members of the State Central Committee attended.  A few individuals who are entitled to be on the State Central Committee, but who are opposed to Robinson’s leadership, were initially seated but shortly afterwards told they would not be permitted to remain in the room.

The faction of the AIP that is associated with the Constitution Party will hold its own state convention and state central committee meeting in August, and that meeting is expected to have a much larger attendance of State Central Committee members.  However, the passage of Proposition 14 makes it even more difficult than before for any neutral person to say with confidence who is or is not a proper member of the AIP state central committee.  The election code sets forth internal rules for the American Independent Party.  It says that the party’s nominees for federal and state office are automatically members of the committee, and that nominees for public office may also make other appointments to the committee.  But under Proposition 14, parties no longer have nominees (except for President).  Proposition 14 and its implementing legislation did not directly alter the AIP code section.  Proposition 14 does not go into effect until 2011, but the implementing language, contained in Senate Bill 6, has already gone into effect.

The Superior Court will hold another hearing on July 21 to see if attorneys for the Robinson faction should be sanctioned for failing to appear for some depositions earlier this year.

There is no written order yet from the June 30 hearing.

On the evening of June 30, the Delaware Senate passed HB 425, the bill that says the new higher requirements for minor parties to be on the ballot should not take effect until 2011.  Assuming the Governor signs the bill, this keeps the Constitution and Green Parties on the ballot this year.

The old law requires parties to have registration membership of at least one-twentieth of 1%.  The new law requires them to have registration of one-tenth of 1%.  The new requirement was passed early this year, but then the parties that are affected complained that they were not given enough time to comply with the new requirements.