On January 16, Donald N. Daien filed a federal lawsuit against the Idaho law that makes it a crime for him to circulate a petition in that state. Daien lives in Arizona. Daien had wanted to volunteer to help Ralph Nader get on the Idaho ballot in 2008, and says he wants to help similar candidates in the future. Daien v Ysursa, 1:09cv-00022.

Idaho is in the 9th circuit. The Idaho law not only makes signatures collected by out-of-state circulators invalid, it subjects the out-of-state circulator to criminal prosecution. Thus Idaho’s law is even harsher than Arizona’s law, which contains no criminal penalties.

Maine Representative Mark Bryant (D-Windham) has introduced LD 28. It would make it illegal for someone to circulate an initiative petition if that circulator is not a registered voter. The U.S. Supreme Court already ruled in 1999 that the U.S. Constitution protects the right of people who are not registered to vote to circulate an initiative petition.

On January 15, the Tennessee legislature, in joint session, elected a new Secretary of State. He is Tre Hargett, the first Republican Secretary of State since at least 1870, if not ever. The Tennessee Constitution since 1870 has required that the legislature elect the Secretary of State. Republicans gained a legislative majority in the November 2008 election (the two houses sit together as one big group, when the Secretary of State is chosen). The vote was 70 for Hargett, and 61 for incumbent Democratic Secretary of State Riley Darnell. The term is for 4 years.

The attitude of the new Secretary of State toward minor parties is not known. Tennessee has not had any parties on the ballot, other than the Democratic and Republican Parties, since 1972, when the American Party last appeared. A lawsuit is pending in federal court against the Tennessee procedures for ballot access for political parties. There may also be bills introduced to ease the procedure. The legislature, having organized itself, is about to adjourn again, and will reconvene on February 9. Bills will be introduced starting on that date.

Hargett, age 39, represented a Memphis district in the State House for ten years, and most recently has been the Director of the Tennessee Regulatory Authority.