Judicial Watch Files Lawsuit on Hillary Clinton Qualifications to be Secretary of State

On January 29, a federal lawsuit was filed by a veteran Foreign Service officer, charging that Hillary Clinton is not eligible to serve as Secretary of State because the pay of that office was raised while she was a U.S. Senator. The case is sponsored by Judicial Watch and is Rodearmel v Clinton, 1:09-cv-171, in D.C. The case was assigned to Judge Reggie Walton.

Art. I, sec. 6, clause 2, of the U.S. Constitution says, “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such Time.” Thanks to Bill Van Allen for this news.

Montana Bill to Require Majority Vote Passes Committee

The Montana Senate Administration Committee passed SB 243 on February 5. It amends the State Constitution to say, “In a general election, a majority of votes is needed to be elected.” If the bill passes the legislature, the voters will vote on it in 2010. The sponsor is Senator Joe Balyeat (R-Bozeman). One wonders if Senator Balyeat has Instant-Runoff Voting in mind. The bill consists only of the one sentence quoted above.

Many Bills on Electoral College

Bills have been introduced in at least three states to provide that each U.S. House district should elect its own presidential elector. In Mississippi, SB 2889 was introduced by Senator David Jordan (D-Greenwood), but it died in Committee on February 3. In Indiana, Representative Dennis Avery (D-Evansville) introduced HB 1712. In South Carolina, Senator Phil Leventis (D-Sumter) introduced SB 365.

In Alabama, HB 265 would provide that the state’s presidential electors should be apportioned according to what percentage of the total vote they received, so that a Republican who received 55% of the popular vote would get 5 electoral votes and a Democrat who received 45% would get 4 electoral votes.

The National Popular Vote Plan bill has now been introduced in eight more states: Alaska (SB 92), Arkansas (HB 1339), Maine (LD 56), Mississippi (HB 1360), Missouri (HB 452), Nebraska (LB 623), Oregon (HB 2588), and Rhode Island (SB 161). This blog had already noted that it had been introduced this year in Connecticut, Florida, Kentucky, Maine, New Hampshire, New Mexico, New York, Vermont, Virginia, and Washington. There is also a bill pending in New Jersey to repeal the National Popular Vote Plan law.

One Arkansas Ballot Access Bill Passes House

On February 6, the Arkansas House passed HB 1246, the bill that expands the petitioning period for a new party petition from any 60 days the party chooses, to any 90 days it chooses. The vote was 84-13.

The Green Party suggested this bill, because it was extremely difficult for it to complete its 2007 petition in only 60 days. 10,000 valid signatures are needed.

The other ballot access bill, HB 1247, will receive a vote next week.

Virginia Bill for E-Signatures on Petitions

Virginia Delegate David Poisson (D-Sterling) has introduced HB 2438, to establish a pilot project for collecting signatures on nominating petitions electronically. The bill adds this sentence to sec. 24.2-506:

“The State Board of Elections is authorized to conduct a pilot project for any candidate who chooses to participate, under which some or all of the signatures required by this section may be provided by electronic mail or other electronic means as may be permitted by the State Board and signed in a manner consistent with the Uniform Electronic Transactions Act.”