Bills Introduced in Congress to Permit Ex-Felons to Vote

On July 24, identical bills were introduced in both Houses of Congress to require the states to let ex-felons vote in federal elections. They are HR 3335 and S1516. They provide, “The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election.”

S1516 is sponsored by Senator Russell Feingold (D-Wisconsin) and has two co-sponsors. HR 3335 is sponsored by Congressmember John Conyers (D-Michigan) and has 28 co-sponsors.

There are three major groups of competent adult U.S. citizens who are frequently denied the free exercise of the vote: (1) felons and ex-felons; (2) residents of the District of Columbia and the territories; (3) members of minor parties and supporters of independent candidates. The harm to voting rights to any of these three groups tends to bolster the harm to the other groups as well. Deprivation of voting rights of one type excuses the deprivation of voting rights of other types.

Therefore, it is fitting that Congressman John Conyers, who introduced bills to outlaw restrictive ballot access laws affecting minor party and independent candidates repeatedly in the 1980’s, is the lead sponsor of HR 3335. Thanks to ElectionLawBlog for the news about these bills.

New York City Councilmember Gets Another Ballot Access Hearing

Bill De Blasio, New York city councilmember who is trying to get on the Democratic primary in September 2009 for New York City Public Advocate, has won a rehearing in the City Board of Elections. It is set for 1:30 pm on Tuesday, July 28. The Board removed him because his cover sheet says he submitted 131 volumes of petitions, but actually he submitted 132 volumes.

The Board of Elections is in a difficult spot. On the one hand the law is obviously foolish to keep a candidate off the ballot for such a trivial error, especially since he might win the primary if he is on the ballot. On the other hand, the law (unwise though it is) is clear, and if the Board grants him an exemption, it knows that it won’t be able to keep candidates off in the future if they make entry errors on their cover sheets. De Blasio has already filed a lawsuit against the Board of Elections, which will be pursued if the Board doesn’t put him on the ballot. No one seems to have thought about whether De Blasio would be willing to be a write-in candidate if he is ultimately kept off the September primary ballot.

UPDATE: the lawsuit will be heard Monday, August 3, unless the Board puts him back on the ballot. The case is De Blasio v Board of Elections, state supreme court, Manhatten, 09-1105-09.

New Jersey Independent Gubernatorial Candidate Chooses Lieutenant Governor Running Mate

On July 27, New Jersey independent gubernatorial candidate Chris Daggett announced that his Lieutenant Governor running mate will be Frank J. Esposito. Esposito is the interim dean for the College of Education at Kean University in Union, New Jersey.

The ticket is entitled to $700,000 in public funding, because Daggett had raised $350,000 earlier this year in private donations. The election is November 3, 2009.

California Lawsuit over American Independent Party Officers Begins to Move

On March 16, 2009, the faction of the American Independent Party of California allied with Chuck Baldwin filed a lawsuit to win a ruling that its state officers are the legal state officers. That faction sued the faction of the party allied with Alan Keyes. The case is King v Robinson, Solano County Superior Court 033119.

That case has moved slowly because the defendants have been avoiding being served. However, courts do have procedures to handle that impediment, and those procedures are underway. The case has a status conference on October 19, 2009. Thanks to Mark Seidenberg for the news of the status conference.

Election Law Bills in State Legislatures Must Await September

Except in California, no state legislature is likely to be considering election law bills during August.

Rhode Island’s House is not expected to come back into session until September, when the House may perhaps pass SB 203, which eases ballot access for new parties.

New York’s legislature is on recess and probably won’t return until September.

Pennsylvania’s legislature is in session, but there is no budget yet, so all attention is diverted to the budget bills. When they finally pass, the legislature is likely to recess.

Ohio’s legislature is not likely to resume normal activity until mid-September.

In Illinois, where the legislature is gone for the year, Governor Pat Quinn still hasn’t acted on HB 723. The legislature sent it to him on June 26. He must act by late August. HB 723 is the bill that makes it more difficult for ballot-qualified parties to nominate someone after the February primary is over.