D.C. Bill for Candidate Filing Fees & Election-Day Voter Registration

On June 16, Washington, D.C. city councilmember Mary M. Cheh introduced a bill to let D.C. residents register to vote at the polls on election day. The bill won’t be assigned a number for several days.

The bill also authorizes the D.C. Board of Elections to impose “reasonable” filing fees on candidates for public office, and says the money will be used for election administration. If this part of the bill passes, it would be unconstitutional. The U.S. Supreme Court said in both Bullock v Carter, and Lubin v Panish, that mandatory filing fees can only be imposed for the purpose of keeping ballots uncrowded. Since D.C. doesn’t have crowded ballots, and since the proposed fees would be in addition to rather severe petition requirements that already serve to keep the ballot uncrowded, the fees would not withstand court challenge. Also the bill doesn’t have any bypass for candidates who can’t afford the fees, and that is also unconstitutional.

Arizona Bill Advances, Sets Independent Presidential Petition Deadline in September

On June 15, the Arizona Senate Judiciary Committee passed SB 1091, the Secretary of State’s omnibus election law bill. Among other things, the bill moves the independent presidential petition deadline to 60 days before the general election. This is in response to the 9th circuit decision in 2008 in Nader v Brewer, which declared the old June petition unconstitutional. The new proposal would place that petition deadline in the first week in September.

The bill also legalizes out-of-state circulators, but only for independent presidential petitions. The sponsor of the bill, Senator Jonathan Paton, will talk to the Secretary of State about possibly expanding this part of the bill so that out-of-state circulators could circulate all types of petition, not just independent presidential petitions.

Unfortunately, the bill also makes it illegal for circulators of any type of petition to assist signers by filling in their printed name, their address, and the date. Some voters have difficulty writing, and the old law permits the voter to sign the petition, but have the circulator complete the other blanks on the petition form.

Novoselic Drops Out of County Clerk Race

On June 15, Krist Novoselic dropped out of the August 2009 primary for County Clerk of Wahkiakum County, Washington. He got almost as much publicity by dropping out as he got by filing. See this story. He said he had always planned to withdraw, and that he had filed just to publicize his point that the Washington state “top-two” is not fair to political parties because it lets anyone on the ballot with that party label, no matter what the party thinks of the candidate.

Moderate Party of Rhode Island Has 1,500 Signatures

The Moderate Party of Rhode Island won a constitutional lawsuit on May 29, giving it the ability to start circulating its petition for full party status. The party received the blank petition forms from the state on June 1, and by volunteer efforts alone, already has 1,500 signatures. It needs 23,589 valid signatures by next year.

It is still possible that the state will appeal the decision. Although the Secretary of State doesn’t wish to appeal, it is possible the Board of Elections will appeal. A decision must be made by the end of June.