Idaho Tries To Defend Law Banning Out-of-State Circulators

On September 8, the Idaho Attorney General’s office filed a brief in Daien v Ysursa, the case challenging Idaho’s ban on out-of-state circulators for independent candidates. The plaintiff, Donald Daien, lives in Arizona but says he wants to help future independent presidential candidates get on the Idaho ballot. Idaho is in the 9th circuit, which ruled in an Arizona case last year that states may not ban out-of-state circulators, at least for the purpose of working on independent presidential petitions.

Idaho’s brief says the 9th circuit precedent from Arizona should not apply in the Daien case, because Arizona required circulators to be eligible to register in Arizona, but Idaho only requires circulators to be Idaho residents. The difference, as the brief points out, is that Idaho lets minors and non-citizens circulate such petitions.

Idaho’s brief also says that Idaho requires fewer signatures for an independent presidential candidate than Arizona does. Idaho is mistaken. Arizona requires a petition signed by 3% of the number of registered independents (although any registered voter may sign). Idaho’s brief misstates the Arizona law and claims that Arizona’s petition is 3% of the entire electorate. Idaho requires independent presidential candidates to submit a petition of 1% of the last presidential vote, and Idaho claims this is obviously easier.

The truth is that Arizona’s 3% of the number of registered independents is virtually tied with Idaho’s 1% of the last presidential vote. It is expected that the attorneys for Daien will point this out in the next brief.

Poll for Special Election in New York's 23rd District Suggests 3-Person Race

On September 10, a poll was released for the upcoming special election to fill the vacant New York 23rd U.S. House district. It shows 30% for Republican Dede Scozzafava, 20% for Democrat Bill Owens, and 19% for Conservative Party nominee Doug Hoffman. The other 31% are undecided or favor someone else.

This poll was paid for by the Hoffman campaign. The special election date hasn’t even been set yet, because the incumbent still hasn’t resigned to take up his new job in the Obama administration.

Poll for Special Election in New York’s 23rd District Suggests 3-Person Race

On September 10, a poll was released for the upcoming special election to fill the vacant New York 23rd U.S. House district. It shows 30% for Republican Dede Scozzafava, 20% for Democrat Bill Owens, and 19% for Conservative Party nominee Doug Hoffman. The other 31% are undecided or favor someone else.

This poll was paid for by the Hoffman campaign. The special election date hasn’t even been set yet, because the incumbent still hasn’t resigned to take up his new job in the Obama administration.

Election Law Bills Gain Congressional Co-Sponsors

Certain interesting election law bills in Congress have gained a few co-sponsors since Congress came back into session.

HR 2499, the bill to set up a vote on Puerto Rico’s future status, now has 164 co-sponsors, up one since last month.

HR 2894, Rush Holt’s bill for better vote-counting machines, now has 89 co-sponsors, up six since last month.

HR 3025, to require bipartisan commissions in each state to draw U.S. House boundaries, has not gained any co-sponsors since last month and still has 22.

HR 1826, non-discriminatory public funding for Congress, has 79 co-sponsors, two more since last month.

HR 1503, to require presidential candidates to furnish a birth certificate when they file as candidates with the Federal Election Commission, has eleven co-sponsors, one more than last month. The newest co-sponsor is Rep. Trent Franks, a Republican who has represented Arizona’s 2nd district since 2002.

Mayor Bloomberg Advocates Somewhat Easier Primary Ballot Access

On September 10, New York City Mayor Mike Bloomberg announced that he favors election law reform in New York state. See his press release here.

On ballot access, he did not suggest any improvements for candidates petitioning for the November ballot. But he did suggest a reduction in the number of signatures for candidates seeking a place on a partisan primary ballot. He suggests that the number of signature be cut in half, and that independent voters be allowed to circulate primary petitions, and also to sign them.

He also proposes that voting be conducted on weekends, both Saturday and Sunday. This is a very expensive idea for taxpayers, because it would require that election administrators pay rent on polling places for two days instead of one day, and also that polling place officials be paid for two days work, not one day’s work. A better alternative would be no-excuse absentee voting, so that any voter inconvenienced by having to vote on Tuesday could vote by mail or vote in person at an elections office during the weeks before an election.