It is somewhat plausible that the U.S. Supreme Court will put the Arizona ballot access case on its conference of February 27. The case is Brewer v Nader, 08-648. The issues are the early June petition deadline for independent candidates, and the state’s ban on out-of-state circulators. The Court has heard from both sides on whether it should take the case. The next conference for the Court is February 20, but Brewer v Nader is not on that conference. After that, the next conference is February 27.

On February 5, Capitol Weekly/Probolsky Research Poll released a poll on whether Californians would vote for a “top-two” primary system. The idea received support from 49% of the voters, with 35% opposed and the rest undecided. See here for the details.

The specific “top-two” proposal that may appear on a future California ballot is limited to state office, not Congress. The idea is pending in the legislature as ACA 6, a proposed state constitutional amendment sponsored by Assemblymember Charles Calderon. Because it changes the California Constitution, even if the legislature passes it, it would then go to a vote of the people. Or, it could be a constitutional initiative.

On February 6, the Utah House Government Operations Committee passed SB 27. It had passed the Senate on January 30. It makes two small but useful changes to procedures for independent presidential candidates. It restores the statutory petition deadline that had been accidentally repealed in 1994, and sets that deadline as August 15. Also, it ends Utah’s unique requirements that independent presidential candidates must file in person. Gloria La Riva, presidential candidate last year of the Party for Socialism and Liberation, had complained about being forced to make a special trip to Utah just to file. The bill says an independent presidential candidate may choose an agent to file the paperwork.