Court Says Texas Democratic Party Must Seek Justice Department Approval for Presidential Delegate Change

Section 5 of the Voting Rights Act prohibits governments in certain states from changing any election laws or rules without getting U.S. Justice Department permission. In 1994, in a 5-4 decision, the U.S. Supreme Court had ruled that section 5 of the Voting Rights Act also covers political parties in those states.

On August 25, a 3-judge U.S. District Court in San Antonio ruled that, therefore, the Texas Democratic Party should have requested Justice Department permission in 2007, when it changes its rules on choosing delegates to national conventions. Here is the 25-page decision, Lulac of Texas v Texas Democratic Party, 5:08-cv-389. The opinion is by U.S. Court of Appeals Judge Edward C. Prado, a Bush Jr. appointee. It was signed by two U.S. District Court judges, Judge Fred Biery (a Clinton appointee) and Judge Xavier Rodriguez (a Bush Jr. appointee). Judge Biery wrote a short concurrence which seems to be expressing the hope that the U.S. Supreme Court will become involved in this case. Thanks to ElectionLawBlog for the link.

The decision emphasizes that political parties do enjoy rights to autonomy, but the decision stresses that, so far, the Texas Democratic Party has not produced any evidence to show that its freedom of association will be injured if it must seek permission from the Justice Department. The party is free, under the Voting Rights Act, to ask for a 3-judge U.S. District Court in Washington, D.C., to approve its changes, rather than seeking approval from the Justice Department.

Illinois Governor Uses HB 723 as a Bargaining Chip

On the evening of August 25, Illinois Governor Pat Quinn did an “amendatory veto” of HB 723. That means he told the legislature he would not sign the bill unless the legislature amends the bill to add one particular unrelated election law provision that he wants. UPDATE: see this Chicago Tribune story. It appears the Governor used the same maneuver on yet another bill. The article also says the ethics initiative would be binding, not advisory.

HB 723 is the bill that makes it impossible for qualified parties to nominate someone by party meeting after the primary, unless a petition is submitted for each committee-nominated nominee.

The Governor wants the legislature to add a ballot question to the February 2010 primary ballot that asks, “Should the Illinois Constitution be amended to allow the people of Illinois to initiate, by petition, a binding referendum to adopt standards of ethical conduct for officials and employees of State government?” So whether or not the bill becomes law depends on whether the legislature is willing to amend the bill and include that idea.

Independent Holds Balance of Power in Kentucky Special State Senate Election

On August 25, Kentucky held a special election to fill the vacant State Senate seat, 18th district, in the northeastern part of the state. The results: Robin Webb, Democrat, 48.14%; Jack Ditty, Republican, 46.58%; Guy Gibbons, independent, 5.28%.

The vote in 2006 when this district last voted was: Republican 52.82%; Democratic 47.18%. The special election resulted when the incumbent Republican Senator accepted a gubernatorial appointment to a state executive job. Republican U.S. Senator Mitch McConnell had campaigned for the Republican nominee in today’s special election.