Three Interesting Election Law Bills to be Heard in California Assembly Elections Committee on June 22

The California Assembly Elections Committee meets on Tuesday, June 22, at 1:30 p.m. It will hear SB 1140, to provide for same-day voter registration, but only in a few locations in each county.

The Committee will also hear SB 1203, to require paid petition circulators to wear badges that say in large print that the circulator is being paid, and what county the circulator is registered in. If the circulator is not registered, it must say that the circulator is not registered. The bill doesn’t seem to take cognizance of the fact that the 9th circuit ruled in 2008 that states can’t bar out-of-state circulators, and the circulator might be someone registered in another state.

The Committee will also hear SB 1202, which says that the Voters Pamphlet should contain, for each statewide ballot measure, the names of the five individuals or organizations which have contributed the most money in favor, as well as in opposition, to that ballot measure. Of course the information will not be up-to-date, because the Pamphlet must be printed several months before the election.

All three of these bills have already passed the State Senate.

Arkansas Greens Submit 14,300 Signatures

On June 17, the Arkansas Green Party submitted 14,300 signatures on a petition to place the party back on the ballot. 10,000 are required. If the petition is approved, that will be the third election year in a row in which the Green Party has completed this petition. The only other party that has ever qualified by petition in Arkansas is the Reform Party, which completed the petition once, in 1996.

Before 1971, Arkansas allowed any party to be on the ballot with no petition.

Arkansas allows parties to be on the ballot for President only, with a petition of 1,000 signatures, and many parties have completed that petition. Arkansas is the only state in which no Libertarian Party member has ever been on the ballot for partisan office other than President.

Florida Holding First Primary in History for a Party Other than Democrats and Republicans

Florida holds primaries this year on August 24. In the 33rd State House district, near Orlando, there will be a Libertarian Party primary. This will be the first government-sponsored primary for any party in Florida history, other than for Democratic and Republican Party primaries. See this story. The two candidates are Franklin Perez and Ellen Paul.

Until 2007, Florida only held primaries for parties with registration greater than 5% of the state total. In 2007, the legislature changed the law and said all qualified parties should nominate by primary. However, Florida does not actually hold a primary for any party unless it has a contest. Florida doesn’t permit write-ins in partisan primaries, and even though Florida has 35 qualified parties, none of them ever had a contested nomination contest until this year, in the Libertarian Party, in that one state House district.

Government-administered primaries began in Florida in 1913. The law said only parties that had polled at least 5% of the vote in the last election could have a primary. The Progressive Party and the Socialist Party were eligible for primaries in 1914, but probably they didn’t actually have primaries because they had no contests for any nomination. In 1921 the law was changed to say that only parties that had polled 30% of the vote in the last election could have primaries. In 1939 the law was changed to eliminate the vote test, and to say primaries were only for parties that had registration of 5%, the law that was in effect until 2007.

Nancy Lord Files Lawsuit Over Possible Ballot-Counting Errors

On June 14, Nancy Lord filed a lawsuit to overturn the results of the Nye County Republican Party primary for District Attorney. See this story. The hearing will be Tuesday, June 22. The judge temporarily put all election records into safekeeping.

Lord was the Libertarian Party’s vice-presidential nominee in 1992. The returns show she lost the primary by 86 votes. She placed second in a five-candidate field.

Some South Carolina Democrats Ponder Independent Candidacy for U.S. Senate

Some South Carolina Democrats are thinking about supporting an independent candidacy in the U.S. Senate race this year. This Politico story says some Democrats want to organize an independent petition for Linda Ketner, who was the Democratic nominee for U.S. House in 2008 in the First District. The seat has been Republican for almost 30 years, but Ketner polled 48% in 2008 as a Democrat. She is South Carolina’s only openly gay politician, at least at the level of federal and state elections.

South Carolina does not have registration by party. Any person who is not a sore loser may qualify to be an independent candidate. A statewide independent petition needs 10,000 signatures, due July 15.

The recent vote in the South Carolina House on whether to sustain the Governor’s veto of HB 3746 may have been influenced by last week’s surprise outcome in the Democratic primary for U.S. Senate. When the bill, which makes it more difficult for independent candidates to qualify for the ballot, passed the House on June 3, the vote was 70-26 in favor. If every House member had voted the same way when the Governor’s veto was up for a vote on June 16, the veto would have been overridden. The actual vote was 60 votes to override the veto, but 43 against. Vetoes cannot be overridden without a two-thirds vote of those present and voting. Fortunately, some legislators who voted for the bill on June 3, voted against the bill on June 16. Those who changed their votes from support for the bill, to opposition, include six Democrats and five Republicans.

Generally, when legislators change their vote after a veto, it is only members of the Governor’s party who change their vote from support for a bill, to opposition. That is because many members of the Governor’s own party don’t wish to embarrass their own party’s governor. It is unusual for members of the other major party to change their votes in that situation. Probably the six Democrats who voted for the bill the first time, but against it the second time, realize that the bill, if it had been in effect this year, would have hampered any possibility for Democrats to rally behind an independent candidacy this year. The bill had a provision that requires an independent to file a declaration of candidacy before the primary votes are counted. The bill would not have actually taken effect until 2011.