Texas Democratic Party Submits its Rules on Presidential Caucuses to U.S. Justice Department

Posted on by September 21, 2009
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The Texas Democratic Party has asked the U.S. Justice Department, Voting Rights Section, to retroactively approve its rules for apportioning delegates to the national convention. The 2008 rules were somewhat different than the 2004 state party rules, concerning delegates chosen by caucus. Texas Democrats used a hybrid primary/caucus system in 2008. The U.S. Supreme Court ruled in 1994 that the Voting Rights Act, section 5, covers political parties as well as governments. Section 5 requires that changes in election procedures (in some parts of the U.S.) must be approved by the Justice Department.

The Texas Democratic Party still does not concede that it needed to seek pre-clearance, but it has done so because of a federal court decision of August 25, called LULAC of Texas v Texas Democratic Party, issued by a 3-judge U.S. District Court in San Antonio.

Federal Court in Colorado Says Local Ballot Question Must be Set Before All Voters, Not Just Half of Them

Posted on by September 21, 2009
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Colorado has term limits for county elected offices, but permits the voters of a county to modify or ease those term limits if they wish. Recently the Adams County Commissioners voted to ask the voters if they wish to ease term limits for county office. However, the proposed local ballot question was worded to cover the office of District Attorney.

But, Colorado is one of the many states in which not all counties have their own District Attorney. Instead, Adams County is grouped with Broomfield County as a unit, to elect a single District Attorney. Many states follow this policy because there are so many low-population counties in the U.S., it doesn’t make sense to provide a District Attorney for each county.

On September 15, a U.S. District Court Judge ruled orally from the bench that Adams County can’t vote on extending term limits for District Attorney all by itself. The voters of Broomfield County must be involved as well. Since no one in Broomfield County had moved to put the matter to a vote, the ruling is that Adams County can’t vote, all by itself, on whether to extend term limits for District Attorney. The case is Dambman v Long, 09cv-2167.

Terre Haute Tribune-Star Editorial Supports Recent Court Ruling on Voter ID

Posted on by September 20, 2009
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The Tribune-Star of Terre Haute, Indiana, has this editorial, supporting the recent State Court of Appeals decision called League of Women Voters v Rokita. That decision said that the Indiana law requiring voters at the polls to show government photo-ID that has an expiration date violates the Indiana Constitution’s Equal Protection Clause.

Bill in Congress for Public Funding Gains Co-Sponsors

Posted on by September 20, 2009
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In the last ten days, the only bill in the U.S. House of Representatives on the subject of elections that has gained more than one co-sponsor is HR 1826, the bill to provide for non-discriminatory public funding for congressional candidates. It now has 86 co-sponsors, compared to 79 co-sponsors as of September 10.

One of the most surprising aspects of election law legislation in Congress this year is the failure of the bill to get a voting member in the U.S. House for the District of Columbia. Even strong Democratic Party majorities in both houses of Congress couldn’t save the bill, which bogged down because District of Columbia politicians were so opposed to an amendment to that bill to give more rights for gun-owners in D.C. This is the last session of Congress in which the bill can gain support from some Republicans on the basis that the same bill gives another seat to Utah. After this year’s session, that deal is useless, because Utah will be getting its fourth seat in 2011 anyway, based on the 2010 census results.