Transcript of Oral Argument in U.S. Supreme Court on Judicial Campaign Contributions and Justice

On March 3, the U.S. Supreme Court heard oral arguments in Capterton v Massey, the interesting case over whether the U.S. Constitution protects people who are in court, and their opponents have contributed very large amounts of money to the campaigns of the judges who are hearing the case. Here is the transcript. The decision, when it is rendered, may affect Ralph Nader’s case, and the Pennsylvania Green Party’s case, against the large fees that they must pay to the people who challenged their petitions.

Texas Bill to Provide that All Parties Nominate by Primary

Texas Representative Leo Berman (R-Tyler) has introduced HB 1892, to provide that all qualified parties nominate by primary, rather than convention. The bill is surprisingly short and devoid of details. It appears that any party that had filed an intent to qualify, at the beginning of the election year, would then be free to organize its own primary and hire its own polling place officials and rent its own polling locations. The state would then reimburse the party for these costs. The primary would be in March. Apparently after the primary, the normal petition requirement would then be required. The number of signatures would presumably be equal to 1% of the last gubernatorial vote, minus the number of voters who had chosen to vote in that new party’s primary. It is difficult to imagine that the state would be willing to pay for the administrative expenses of any party, even those that had not yet qualified for the ballot. Thanks to Jim Riley for the news about HB 1892.

Vermont Senate Passes National Popular Vote Bill

On February 27, the Vermont Senate passed S34 by a vote of 15-10. This is the National Popular Vote Plan bill. The bill has now passed in three legislative chambers this year, one chamber each in Vermont, Arkansas, and New Mexico. However it has not passed entirely through both houses of the legislature in any state so far this year.

Burlington Progressives Keep Mayoralty in Exciting 5-Candidate Race

On March 3, Burlington, Vermont held a mayoral election. The candidate were Progressive Bob Kiss (the incumbent), Republican Kurt Wright, Democratic Andy Montroll, independent Dan Smith, and Green Party nominee James Simpson. Kiss was re-elected. The election had been considered impossible to predict. The independent candidate, Dan Smith, had raised more money than any other candidate. The Democratic candidate, Andy Montroll, was an incumbent member of the City Council and had been endorsed by Howard Dean and the city’s daily newspaper. The Republican nominee, Kurt Wright, was the incumbent president of the city council.

Burlington uses Instant Runoff Voting. Wright led in the first count but no one had a majority of first place votes. In the second count the Republican also kept the lead. But after the votes cast for the Democratic nominee had been reassigned in a further count, Kiss won by 4,313 to 4,061 to the Republican nominee. Observers felt the election had been an excellent example to show that IRV does what it is supposed to do. In particular, the candidates were very courteous and respectful to each other during the campaign, since each candidate hoped to win second-choice or third-choice votes from various rivals. Also the city was spared the expense of a run-off election several weeks after the original March 3 event. For the election returns, see www.burlingtonvotes.org/20090303.

California Bill for Local Option Instant-Runoff Voting

California Assemblymember Mike Davis has introduced AB 1121. It lets 10 general law cities or counties use Instant Runoff Voting for their own local elections. The bill doesn’t specify which 10 jurisdictions would be included. Under the California Constitution, charter cities and counties don’t need state permission to use IRV for their own local elections, but general law cities and counties can’t use IRV unless this bill, or something similar, is passed. A somewhat similar bill made considerable headway two years ago in California.