Judge Says Trial Needed in Idaho Republican Party Case Against Open Primary

Posted on by September 4, 2009
17

On September 4, U.S. District Court Judge B. Lynn Winmill said that a trial is needed to settle the Idaho Republican Party’s lawsuit against the state’s open primary. The case is Idaho Republican Party v Ysursa, 08-cv-165. The trial is needed to determine if “the open primary subjects the Republican Party’s candidate-selection process to persons wholly unaffiliated with the party.” Here is the decision.

Idaho is one of the 21 states in which the voter registration form does not ask voters to choose a party. The Idaho Republican Party believes that Democrats sometimes vote in the Republican Party primary just to help determine which Republican will be nominated. Democrats might do this for either of two different motivations: either they vote for the weakest Republican (someone who could be more easily defeated in the general election), or they vote for the Republican that they feel most closely adheres to policy positions that the Democratic voter favors. The Republican Party will now need to produce evidence that people who are Democrats in their heart are indeed voting in the Republican primary. Thanks to Harry Kresky for this news.

California Election Law Bill News

Posted on by September 4, 2009
3

on September 2 and September 3, the California legislature acted on several election bills of interest.

The Assembly passed SB 34, which makes it illegal to pay initiative petition circulators on a per-signature basis. The bill now goes to the Governor, who is expected to veto it.

The Senate on September 3 gave a tie vote to AB 1121, 19-19. Bills lose on a tie vote. However, reconsideration was granted, so there will probably be a new vote. Two Senators didn’t vote the first time. AB 1121 is the bill to let 10 non-charter cities or counties use Instant Runoff Voting for their own elections.

The bill to provide that independent voters must be told, at the polls on primary day, that they are free to choose a Republican ballot, a Democratic ballot, or an American Independent Party ballot, was tabled in the Senate on the motion of Senator Abel Maldonado. The bill, AB 909, had passed the Assembly and all Senate committees. The fact that the bill was tabled almost certainly means that it won’t pass this year, although it could be a 2-year bill and pass in 2010. However, in that case, it wouldn’t take effect in time for the 2010 primary.

Federal Judge Promises Decision by September 10 in Case on Privacy of Petitions

Posted on by September 3, 2009
1

On September 3, U.S. District Court Judge Benjamin Settle heard oral arguments in Protect Marriage.com v Reed, the case over whether the U.S. Constitution demands that signatures on referendum petitions should be kept secret, if the referendum concerns a contentious issue. See this story. Judge Settle said he will decide the case by September 10.

Pennsylvania Court Will Recount Write-ins in Local Pike County Races

Posted on by September 3, 2009
Reply

According to this story, a Pike County, Pennsylvania, Court of Common Pleas will itself recount the write-in votes in this year’s primary for local office, in a few precincts. The recount will be conducted in open court on September 9. The county elections office expected to conduct the write-in itself, but the judge pointed to a statute that a court should do this work. Pennsylvania, more than any other state, provides that courts should do the kind of work that election administrators in other states usually perform, such as checking petition signatures.

Bill Moyers Journal Hosts Attorneys on Both Sides in Citizens United v FEC Case

Posted on by September 3, 2009
3

Bill Moyers Journal, a weekly interview show on Public TV, hosts two attorneys on the September 4, Friday evening broadcast. They are Trevor Potter and Floyd Abrams. Potter is a former FEC Commissioner who has been active in support of the McCain-Feingold law and other restrictions on campaign spending. Abrams is with the ACLU and has been an active opponent of such restrictions. They will discuss the upcoming U.S. Supreme Court hearing in Citizens United v FEC, set for September 9, involving the film, “Hillary: the Movie.” Thanks to ElectionLawBlog for this news.