Tennessee House Democrats Outmaneuver Republicans for Control

On January 13, the Tennessee legislature came into session. Even though Republicans had a bare majority in the State House, Democrats elected Kent Williams Speaker. Williams is a Republican, but all the votes for him (except his own vote) came from Democrats. Williams says he will appoint Committee Chairmen from both major parties. See this article.

This Tennessee legislature appoints the Secretary of State. It is unclear as to whether Tuesday’s news means that long-time Democratic Secretary of State Riley Darnell will remain in office.

Arkansas Bills to Move Presidential Primary from February to May

Bills have been introduced in the Arkansas legislature to move the presidential primary from February to May. They are SB 56 and HB 1021. Arkansas held its presidential primary to February in 2008, but most state legislators now feel the early primary was not productive. So many other states also voted in February, Arkansas’ presidential primary got little attention.

The ballot access improvement bill still has not been introduced in Arkansas.

Minnesota State Court Rules in Favor of Instant-Runoff Voting

On January 13, a Minnesota state district court ruled that Instant-Runoff Voting is consistent with the Minnesota Constitution. Therefore, Minneapolis may implement IRV (passed several years ago by vote of the people) for its own city elections. This also clears the way to place a similiar ballot measure on the St. Paul ballot. The case is Minnesota Voters Alliance v City of Minneapolis, 27-cv-08-15.

Opponents of IRV say they will appeal. Opponents of IRV, in this lawsuit, include John Linback, head of the Oregon Elections Division, who submitted an affidavit saying that IRV fails to treat all voters equally.

U.S. District Court Upholds New York City Council's Repeal of City Term Limits

On January 13, U.S. District Court Judge Charles Sifton, a Carter appointee, ruled that neither the U.S. Constitution, nor any New York laws, prohibit the New York City Council from abolishing term limits for itself and for the city’s executive positions such as Mayor. The decision is 65 pages long.

The plaintiffs include the City Comptroller, the City Public Advocate, and a large variety of groups and individuals. Among the individual plaintiffs are Mike Long, chair of the state Conservative Party; and Sarah Lyons of the Committee for a Unified Independent Party. Organizations include the New York Public Interest Research Group (NYPIRG) and U.S. Term Limits.

The New York city voters had passed city term limits in 1993, and had reaffirmed them in 1996. But nothing in the City Charter says that the city council is prohibited from repealing a city law passed by initiative. The only exceptions are that the City Council cannot change the length of the terms of a member of the Council, cannot abolish itself, and cannot curtail the power of an elective officer. None of those exceptions relates to whether there should be term limits. The plaintiffs have not decided whether to appeal.