Oklahoma Legislature Passes Bill to Help Initiatives Qualify

On May 19, the Oklahoma legislature passed SB 800, which will make it easier to qualify initiatives in the future. The bill provides that when a group decides to start collecting signatures for a proposed initiative, the Secretary of State will notify the public of the proposed initiative, and its proposed ballot title. If anyone challenges either the constitutionality of the initiative, or the title, the State Supreme Court will adjudicate the dispute. All this happens before the initiative starts to circulate.

Assuming the bill is signed into law, this will end the risk (under the current system) that proponents of an initiative do all the work of getting the signatures, and then face the uncertainty that their initiative’s title will be deemed improper, or that the initiative will be held to violate the single subject rule or be otherwise unconstitutional.

Another bill to ease initiative qualification, HB 2246, has passed the conference committee and the House. The Senate will probably vote on it by May 21. It increases the amount of time to collect signatures for an initiative from 90 days to one year.

First Brief Filed in 6th Circuit in Tennessee Democratic Primary Case

Here is the brief for former State Senator Rosalind Kurita of Tennessee, in her lawsuit challenging the authority of the Tennessee Democratic Party to rule that she was not the party’s nominee, even though she had won the August 2008 State Senate primary. The case is Kurita v State Primary Board of the Tennessee Democratic Party, 08-6245. The Tennessee Democratic Party had noted that some individuals believed to be Republicans had voted in that primary. Tennessee does not have registration by party.

California Releases New Registration Data

On May 15, California Secretary of State Debra Bowen released updated voter registration data for the special statewide election of May 19. Compared to the last registration tally of March 20, these parties gained a slightly larger share of the registration: Democratic, American Independent, Libertarian, and Reform. Also the percentage of independents increased. The Reform Party is not ballot-qualified in California but the state keeps track of its registration tally. Ballot-qualified parties that slipped slightly in percentage of registered voters since the last tally are Republican, Green, and Peace & Freedom.

Official Election Returns, 20th U.S. House District

New York has released official election returns for the special election of March 31 in the 20th U.S. House district. The only candidates on the ballot were Democrat Scott Murphy and Republican Jim Tedisco. Murphy won with a margin of 726 votes. There were 429 “blank, void and scattering” votes. Probably the overwhelming majority of these were for Eric Sundwall, Libertarian Party nominee whose petitions were challenged so that he did not appear on the regular ballot. He did appear on some absentee ballots. Since U.S. House was the only office on the ballot, it is not likely that many, if any, of the 429 “blank, void and scattering” votes were actual blanks. If someone took the bother to go to the polls, it is unlikely that he or she would not vote for the only office on the ballot.

The Conservative Party cross-endorsed the Republican nominee; the Working Families and Independence Parties cross-endorsed the Democratic nominee. The percentage that each party received in the special election was: Democratic 43.64%; Republican 42.73%; Conservative 7.04%; Independence 4.20%; Working Families 2.39%. The Conservative Party showing was unusually strong; that party had not polled as much as 7% in any U.S. House race in New York in November 2008, even in districts with no Republican nominee.

In November 2008, the percentage for each party had been: Democratic 57.43%; Republican 32.06%; Conservative 3.23%; Independence 2.57%; Working Families 4.70%. In November 2008 the Independence Party had cross-endorsed the Republican nominee.

Constitution Party Launches 2010 Hawaii Petition Drive

On May 18, the Hawaii Constitution Party obtained blank petition forms from the Hawaii Elections Office, and is in the process of distributing them to activists. Any party that is not on the ballot now needs 692 signatures by April 2010.

Currently, the only ballot-qualified party in Hawaii besides the Republican and Democratic Parties is the Libertarian Party. The Green Party, and Ralph Nader’s Independent Party, are free to start a petition drive in Hawaii for 2010 now, if they wish.