California Senate Passes Bill to Require Circulators to Wear Badges

On May 28, the California State Senate passed SB 1203, which requires paid initiative circulators to wear a badge. The badge must say in 30-point font, “Paid Signature Gatherer”. The badge must also say the name of the county in California in which the petitioner is registered to vote, and if the circulator is not registered, it must say, “Not Registered to Vote.” The vote in the Senate was 22-5.

The bill, if enacted, would probably be held unconstitutional. The 9th circuit ruled in WIN v Warheit, 213 F 3d. 1132 (2000), that a Washington state law, requiring the address of each paid circulator to be listed in periodic reports to a public agency, is unconstitutional. The Court noted the evidence that some circulators refused to work, rather than have their addresses be made available to the public.

The bill also seems to assume that all circulators are California residents. But the 9th circuit ruled in 2008 that requiring circulators to live in the state in which they are working is also unconstitutional. Nader v Brewer, 531 F.3d 1028. Arizona asked the U.S. Supreme Court to overrule that ruling, but the Court declined. Thanks to Jack Dean for this news.

Colombia Presidential Election Today

Colombia’s presidential election is May 30. Polls indicate that no one will receive a majority. In that case, a run-off will be held on June 20. Polls also show that one of the two strongest candidates is the Green Party’s nominee, Antanas Mockus.

Arizona Legislator Removed from Office for Violating Public Funding Rules

The Arizona law for public funding of state candidates says that if someone takes public funding, but then disobeys the law and spends more private money than is authorized, that person should be removed from office, whether it is a legislator or an executive position. On May 28, the office that handles the public funding program declared that Doug Quelland, a state legislator, is now no longer a legislator. The lawsuit over whether Quelland should be removed has been going on since August 2009, but the last court ruling was against him. See this story. Quelland says he cannot be removed yet because he is still appealing.

Tom Campbell, Another Republican Who Should Have Run as an Independent

On May 29, the Los Angeles Times released this California public opinion poll. Click on the Survey Results button. The poll shows that most Californians are not pleased with incumbent Democratic U.S. Senator Barbara Boxer. It also shows that among Republicans and independents who plan to vote in the Republican primary, the vote for the Republican nomination for U.S. Senate is: Carly Fiorina 38%; Tom Campbell 23%; Chuck DeVore 15%; undecided, other, or won’t vote, 24%.

Campbell, a professor, a former state legislator, a former member of the U.S. House, and a former budget director for Governor Schwarzenegger, is very highly regarded by California moderates. Assuming the poll results are accurate, he will probably lose the Republican primary on June 8. Yet, chances are, if he were running as an independent candidate in November against Senator Boxer and likely Republican nominee Carly Fiorina, he could win. Another moderate Republican who is running independently this year, Charlie Crist in Florida, is leading in polls. Some commentators have said that Arlen Specter and Robert Bennett, two incumbent U.S. Senators who were defeated for nomination this month by their own party, could also potentially have won in November if they had run as independents.

The Los Angeles Times poll has other interesting results, including a poll of registered independents on why they are registered that way. Thanks to Political Wire for the link.