On May 18, the U.S. Supreme Court refused to hear Stevo v Keith, 08-1187, the case challenging the number of signatures needed for an independent candidate for U.S. House in Illinois.
Although the U.S. Supreme Court released two full opinions on May 18, none of the three pending election law decisions were among them.
On May 15, Colorado Governor Bill Ritter signed HB 1326 into law. It does not outlaw paying initiative petitioners per signature, but it provides that no more than 20% of any circulator’s compensation may be based on how many signatures that circulator collected.
The bill also contains a creative idea concerning out-of-state initiative circulators. The bill says that out-of-state circulators tend to immediately leave Colorado after they have finished work on any particular initiative petition. Therefore, it requires that such circulators must agree to make themselves available for an interview, if their work is challenged, although “available” includes via a telephone call. If the circulator refuses, his or her work is disqualified. However, the bill says that if the circulator had died or become incapacitated, and therefore is not available to answer questions, that circulator’s work does not get automatically disqualified.
The Hawaii Republican Party held its state convention May 15-17. The body did not vote on a proposed resolution in favor of a closed primary for the party. Hawaii does not have registration by party, and some of the party officers had hoped to persuade the convention to resolve that the party bring a lawsuit to get a closed primary for itself. However, the resolution was never brought to the floor. An earlier version of this blog post said the convention had passed such a resolution, but that was inaccurate.
On May 14, the California Assembly Appropriations Committee passed AB 909. It had previously passed the Assembly Elections Committee. It provides that at the polls on primary election day, elections officials must inform independent voters that they are free to choose the primary ballot of any party that has agreed to let independent voters vote in its primaries.
Currently, polling place officials are not supposed to tell independent voters that they are free to request a Republican ballot, or a Democratic ballot, or an American Independent ballot. The independent voter is supposed to know that already, but many do not know it.
The other qualified parties in California (Green, Libertarian, Peace & Freedom) do not permit independent voters to vote in their primaries. Also, the Republican Party lets independents vote in its primary for Congress and state office, but does not let them vote in its presidential primary.
The Alaska legislature adjourned for the year last month. No election law bill passed; in fact no election law bill even reached the floor of either house.
Among election bills that had been introduced this year were a bill prohibiting paying initiative petition circulators on a per-signature basis; providing for an elected Attorney General; permitting people to register to vote on election day; permitting ex-felons to vote as soon as they are released, instead of waiting until they are off parole; and the National Popular Vote Plan bill.
All of these bills could conceivably pass next year, since Alaska has two-year legislative sessions. Next year the salary of Alaska legislators rises from $24,012 per year, to $50,400 per year. This year’s session only passed 62 bills on any topic.
