Michigan Legislator Introduces Bill that is Clearly Unconstitutional on Speech on Election Day

Posted on by February 18, 2009
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Michigan Representative Richard Hammel (D-Mt. Morris Township) has introduced HB 4027, which expands the “no campaigning” zone around polling places from 100 feet from the entrance to the polling place, to 500 feet. In 2004, the 6th circuit struck down Kentucky’s law setting that zone at 500 feet. That case was Anderson v Spear, 356 F 3d 651. Michigan is in the 6th Circuit. The U.S. Supreme Court has upheld “no campaigning” zones around polling places of 100 feet. The U.S. Supreme Court refused to hear Kentucky’s appeal in Anderson v Spear over the 500 foot limit.

Michigan Relief for Candidates Given Misinformation About Number of Signatures

Posted on by February 18, 2009
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On February 18, the Michigan Senate Judiciary Committee passed four bills that say that when a government elections office misinforms a candidate about how many signatures are needed, the candidate can get extra time to get more signatures. However, the bills only relate to candidates for judicial offices. They are SB 21 (for candidates for Judge of the Circuit Court), SB 22 (Judge of the District Court), SB 23 (Judge of Probate Court) and SB 24 (Judge of Municipal Court). Thanks to Bill Hall for this news.

Oklahoma Bill to Require Candidates to Prove Citizenship Advances

Posted on by February 18, 2009
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On February 5, the Oklahoma House Rules Committee passed HB 1329, which requires candidates to arrange to have a copy of their birth certificate sent directly from the issuing agency to the Election Board, and also requires a government photo ID. The author is Representative Mike Ritze (R-Broken Arrow).

The Committee amended the bill slightly, to say that the government photo ID requirement is also met with a photo ID issued by an Indian Tribal government.

Ritze says he will become a co-plaintiff in a proposed new lawsuit, demanding that President Obama reveal his birth certificate, if the Legislative Counsel tells him that nothing in Oklahoma legislative rules forbid him from doing so. See this article.

The vote in the Rules Committee was 10-2. The two “No” votes were cast by Democratic Representatives Richard Morrisette and Jerry Shoemake.

U.S. Supreme Court Puts Brewer v Nader on March 6 Conference

Posted on by February 18, 2009
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The U.S. Supreme Court will ponder whether to hear Arizona’s ballot access appeal at its March 6 conference. Results won’t be released to the public until March 9. It is always possible the Court will be undecided on March 6, so there won’t necessarily be any news on March 9 about the case. The issues are Arizona’s ban on out-of-state circulators, and whether early June is too early to require independent presidential petitions to be submitted.

The State’s briefs to the U.S. Supreme Court so far insist that there is a conflict between the 9th circuit, and the Arizona Supreme Court, on the constitutionality of an early June petition deadline. The state is wrong to say that. The Arizona Supreme Court upheld the June 29, 2000 deadline in a case filed by Harry Browne in 2000. Some years later, the Arizona legislature made the deadline even earlier, so that the independent deadline in 2008 was June 4. A June 4 deadline is significantly different than a June 29 deadline.

Wisconsin Green Polls 11% in Statewide Race

Posted on by February 18, 2009
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Wisconsin held an election for Superintendent of Public Education on February 17. Todd Price, a member of the Green Party, placed 4th out of 5 candidates with 11% of the vote. Although the race is non-partisan, he campaigned as a Green Party nominee.

Wisconsin will hold a run-off between the top two contenders in April, since no one got as much as 50%.