New York Campaign Rally for Ballot Access Reform

Posted on by July 30, 2009
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According to this story, over 100 people rallied in New York city to hear City Councilmember Bill De Blasio call for ballot access reform.

Some of the quotations from the rally suggest that the speakers don’t know the history of ballot access laws. One speaker tied Boss Tweed to restrictive ballot access laws. But when Boss Tweed was in power in New York city, there were no government-printed ballots. Back in the 1870’s and 1880’s, voters were free to make their own ballots, so no one could be kept from running. The first government-printed ballots in New York were created in 1890, but the technicalities that make petitioning so hazardous in that state were not added until the early 20th century.

South Dakota Court Will Decide if Referendum Has Enough Valid Signatures

Posted on by July 30, 2009
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A South Dakota state court will soon decide if a referendum has enough valid signatures. Proponents of the referendum submitted 25,400 signatures to meet a legal requirement of 16,776. However, approximately 2,000 signatures were notarized by notaries who wrote down an incorrect date for when their seal expires. If those signatures are considered invalid, the referendum will fail to qualify.

The purpose of the referendum is to ask for a popular vote on a ban on smoking in bars and casinos. The case is Trucano v Nelson, 32-civ 09-306, pending in the 6th district Circuit Court.

Tulsa Voters Likely to Decide Whether to Switch to Non-Partisan City Elections

Posted on by July 30, 2009
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Probably the voters of Tulsa, Oklahoma, will vote on November 10, 2009, whether to switch the city’s partisan elections to non-partisan elections. See this story. The initiative (to provide for non-partisan elections) needs 3,427 signatures. Over 6,000 signatures were submitted. As far as is known, Tulsa is the only city in Oklahoma that holds partisan elections for its own officers.

Referendum Proponents Ask Federal Court to Protect Secrecy of Petition Signers

Posted on by July 29, 2009
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On July 28, proponents of a Referendum in Washington state asked a U.S. District Court to protect the privacy of the people who signed their petition. The case is Protect Marriage Washington v Reed, 3:09-cv-0546. The case was assigned to Judge Benjamin Settle, a Bush Jr. appointee. On July 29, Judge Settle issued a Temporary Restraining Order, preventing the names from being made public until the case is decided. See this story.

There has been few precedents on whether the names and addresses of people who sign petitions should be considered a public record. Some states provide by law that the records are not public, but most states do not. The petition in this case is to prevent a new law from going into effect, to provide for civil unions for same-sex couples. No one knows yet if the petition has enough valid signatures. Proponents submitted 138,500 signatures. They need 120,577 valid signatures, so it seems somewhat likely the petition will fall short.

Amici Briefs Begin to be Filed in U.S. Supreme Court in Citizens United Case

Posted on by July 29, 2009
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The U.S. Supreme Court is holding a rare summer hearing in Citizens United v Federal Election Commission, 08-205, on September 9. Amicus curiae briefs on both sides are due July 31. Already at least two have been filed, both opposed to the McCain-Feingold law.

The Reporters Committee for Freedom of the Press filed a brief, urging that the Court continue to protect corporations that are news media. The brief can be seen at the organization’s webpage, but there is no direct link to the brief itself. The webpage is www.rcfp.org.

Seven former Chairmen of the FEC filed a brief, urging the Court to strike down part of the McCain-Feingold law, partly on the grounds that the law has become so excessively complicated that it inhibits the free exercise of free speech. The brief is on the web page of the James Madison Center at www.jamesmadisoncenter.org. Scroll down in the left-hand column until coming to “Citizens United’s McCain-Feingold Challenge.”