On February 17, a U.S. District Court in Wisconsin struck down three State Supreme Court rules: (1) a prohibition on a state judge being a member of a party; (2) a prohibition on a judge endorsing a candidate in a partisan election; (3) a prohibition on a judge personally asking anyone for a campaign contribution.

Wisconsin elects its state court judges with non-partisan elections. The decision emphasizes that the state is free to continue using this system. The case is Siefert v Alexander, 08-cv-126, w.d. The decision is 65 pages and can be read on the webpage of the James Madison Center, www.jamesmadison.org. Choose “Judicial accountability project” on the left-hand menu, and then choose “Siefert v Alexander”. Thanks to Rick Hasen for this news.

Two Oklahoma bills to make it easier to qualify initiatives for the ballot passed the Senate Rules Committee on February 17. Both are sponsored by Senator Randy Brogdon (R-Owasso), the same Senator who sponsored the bill to ease ballot access for minor parties. SJR13, a proposed amendment to the Oklahoma Constitution, would lower the number of signatures for a statutory initiative from 8% of the last vote cast, to 5% of the last gubernatorial vote. If the legislature passes this, the voters must vote on it in 2010.

SB 852 removes some impediments to the qualification of initiative petitions. It allows the initiative to be printed on 8.5 inch by 11 inch paper (current law requires that sheets be 14 inches long, which makes it more difficult to distribute blank petition forms on many home printers). It deletes the requirement that only Oklahoma residents may circulate an initiative. It expands the petitioning period from 90 days to one year. It requires legal challenges to the initiative to be filed early in the process, instead of after all the signatures have been collected. And it makes it illegal to harass initiative petition circulators while they are working.

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.