Pew Research Center Releases Poll on Partisan Identification

On May 21, the Pew Research Center released this public opinion poll on political values. It is an extensive survey, in twelve sections, and used a sample of 3,013 respondents. Among many other findings, the poll shows that 39% of U.S. residents identify themselves as independents, 33% as Democrats, 22% as Republicans, and 6% no opinion or “other”.

Men are more likely to describe themselves as independents than women are. Men self-identify at 42% independent, 28% Democratic, 24% Republican. Women self-identify as 41% Democratic, 31% independent, 22% Republican.

When the self-described independents are asked if they lean toward either of the major parties, and the leaners are then grouped with a major party, the results are: Democrats 50%, Republicans 34%, independent independents 16%. Thanks to PoliticalWire for the link.

Tennessee County Election Administrator Files Lawsuit Against Using Political Party Affiliation

On May 20, the Cumberland County, Tennessee, Election Administrator, Suzanne Smith, recently fired from her job, filed a lawsuit alleging that the Tennessee Constitution does not permit people to be fired because of their partisan affiliation. Smith v Cumberland County Election Commission, 09-ch-248, Circuit Court in Cumberland County.

The Tennessee Constitution says that the party holding the most seats in the State House is entitled to a majority on each county election commission. Republicans won the most seats in 2008 in the State House, so in each county election commission, majority control has been passing to Republicans. However, the Tennessee Constitution also says bans “political or religious tests” as a qualification “to any office or public trust”. Smith argues that just because the Republican Party is entitled to name a majority of the county Election Commissioners, it does not follow logically that the new Republican majority is free to fire an administrator on the grounds that she is a Democrat.

Another Bill Easing Initiatives Passes Oklahoma Legislature

On May 20, the Oklahoma legislature passed HB 2246. It expands the petitioning period for initiatives from 90 days to one year. It also permits petition forms to be on 8.5 inch by 11 inch paper, instead of the old 14 inch-long paper. That change makes it easier to distribute the forms, because home computers frequently have printers that can handle 11 inch long paper, but fewer can handle 14 inch paper. Therefore, more individuals can easily download blank petition forms at home.

Assuming that Governor Brad Henry signs SB 800 and HB 2246, and assuming that the 2010 voters pass SJR 13, one could make the case that Oklahoma will have a slightly easier procedure for initiatives to get on the ballot, than for new parties to get on the ballot. If these pro-initiative measures had been in effect in 2007, and also if the 10th circuit decision Yes on Term Limits v Savage had already been issued in 2007 (instead of 2008), the OBAR (Oklahoma Ballot Access Reform) initiative to ease the ballot access laws probably would have succeeded.

Comparing the number of signatures required for initiatives, versus new parties, under these new bills, is interesting. For the 2010 election, new parties in Oklahoma need 73,134 valid signatures. Yet, under SJR 13 (which lowers the number of signatures for initiatives in years after presidential election years), an initiative aiming for the 2010 ballot would need 74,117 signatures, virtually the same number as for a new party.

The First Amendment Freedom of Association clause protects the right of the people to form new political parties and get them on the ballot. By contrast, nothing in the U.S. Constitution requires the states to permit initiatives. Yet assuming all the good improvements passed by the Oklahoma legislature for initiatives become law, Oklahoma will be in the historically unique position (for any state) of having procedures for initiatives that are virtually no more difficult than procedures to put a party on the ballot.