Voters in Montana County Will Decide Whether to Switch to Non-Partisan Elections for County Office

On August 20, the Lincoln County, Montana County Commission voted to place a ballot measure on the November 3, 2009 ballot, asking voters if they wish to switch county elections from partisan elections to non-partisan elections. The vote was 2-1.

The County Commission acted after voters expressed dissatisfaction with the last round of county elections, in which all the candidates running for Commission were Republicans. Voters who wanted to participate in the all-important primary for that office were forced to choose the Republican primary ballot.

Washington "Top-Two" Will Have Trial in U.S. District Court

On August 20, U.S. District Court Judge John Coughenour ruled that the lawsuit Washington State Republican Party v State will go to trial. This is the lawsuit that was filed in 2005 against the “top-two” system passed by the Washington voters in 2004. See this story. Here is the 29-page decision.

Although the U.S. Supreme Court had ruled in March 2008 that Washington state’s “top-two”, on its face, does not violate freedom of association for political parties, the Court had left open the possibility that “top-two” violates freedom of association for political parties, in practice.

Supporters of “top-two” have for the last 18 months been saying that the case against “top-two” is all over, but it is not over.

Judge Coughenour rejected the Libertarian Party’s ballot access and trademark arguments. He said that in Williams v Rhodes (the U.S. Supreme Court opinion that invalidated Ohio’s 15% of the last gubernatorial vote petition), the American Independent Party had no opportunity to reach the statewide electorate by any type of ballot. That is not true. The American Independent Party’s only candidate in 1968 in Ohio was George Wallace, running for president. The party made it clear that it had no interest in any candidate except George Wallace for President. Yet Wallace was free to have run for president in the Democratic presidential primary, and any Ohio voter was free to choose to vote in that primary.

Judge Coughenour also said “the Washington general election becomes, for all intents and purposes, a runoff election.” This may be true for state and local elections, but it is not true for Congressional elections. A federal law dictates that Congressional elections must be in early November, with run-offs permitted in late November, or December. That is why the U.S. Supreme Court unanimously ruled in Foster v Love that Louisiana could not hold its first round of Congressional elections in September, with a run-off in November.

Washington “Top-Two” Will Have Trial in U.S. District Court

On August 20, U.S. District Court Judge John Coughenour ruled that the lawsuit Washington State Republican Party v State will go to trial. This is the lawsuit that was filed in 2005 against the “top-two” system passed by the Washington voters in 2004. See this story. Here is the 29-page decision.

Although the U.S. Supreme Court had ruled in March 2008 that Washington state’s “top-two”, on its face, does not violate freedom of association for political parties, the Court had left open the possibility that “top-two” violates freedom of association for political parties, in practice.

Supporters of “top-two” have for the last 18 months been saying that the case against “top-two” is all over, but it is not over.

Judge Coughenour rejected the Libertarian Party’s ballot access and trademark arguments. He said that in Williams v Rhodes (the U.S. Supreme Court opinion that invalidated Ohio’s 15% of the last gubernatorial vote petition), the American Independent Party had no opportunity to reach the statewide electorate by any type of ballot. That is not true. The American Independent Party’s only candidate in 1968 in Ohio was George Wallace, running for president. The party made it clear that it had no interest in any candidate except George Wallace for President. Yet Wallace was free to have run for president in the Democratic presidential primary, and any Ohio voter was free to choose to vote in that primary.

Judge Coughenour also said “the Washington general election becomes, for all intents and purposes, a runoff election.” This may be true for state and local elections, but it is not true for Congressional elections. A federal law dictates that Congressional elections must be in early November, with run-offs permitted in late November, or December. That is why the U.S. Supreme Court unanimously ruled in Foster v Love that Louisiana could not hold its first round of Congressional elections in September, with a run-off in November.

New York State Court Says Governors Can't Appoint Lieutenant Governors

New York state is currently without a Lieutenant Governor. The Governor elected in 2006, Eliot Spitzer, resigned on March 17, 2008, so the Lieutenant Governor, David Paterson, became Governor, and is Governor today. On July 8, 2009, Governor Paterson appointed Richard Ravitch as the new Lieutenant Governor. However, the State Supreme Court, Appellate Division, ruled on August 20 that the Constitution does not permit such an appointment. Here is the 10-page decision. Thanks to ElectionLawBlog for this news. The case is Skelos v Paterson, 2009-06673, Brooklyn Appellate Division. There may be an appeal to the State Court of Appeals.

New York State Court Says Governors Can’t Appoint Lieutenant Governors

New York state is currently without a Lieutenant Governor. The Governor elected in 2006, Eliot Spitzer, resigned on March 17, 2008, so the Lieutenant Governor, David Paterson, became Governor, and is Governor today. On July 8, 2009, Governor Paterson appointed Richard Ravitch as the new Lieutenant Governor. However, the State Supreme Court, Appellate Division, ruled on August 20 that the Constitution does not permit such an appointment. Here is the 10-page decision. Thanks to ElectionLawBlog for this news. The case is Skelos v Paterson, 2009-06673, Brooklyn Appellate Division. There may be an appeal to the State Court of Appeals.