U.S. Supreme Court Goes Home Until January 9

Posted on by December 17, 2008
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The U.S. Supreme Court last met on December 15, and won’t return until January 9, when it will hold another conference. On the agenda for that day is whether the Court wishes to hear Northwest Austin Municipal Utility District Number One v Mukasey, no. 08-322. This case, which originated in Texas, challenges the constitutionality of section 5 of the Voting Rights Act. Although the entire Voting Rights Act has been upheld before, some specialists in this area of the law feel there is a chance the Court will hear this case. The Court must either agree to hear it, or summarily reaffirm the lower court decision, since it came from a 3-judge U.S. District Court.

Also on the January 9 conference is Berg v Obama, 08-570, the only case concerning presidential qualifications before the Court that is a simple request that the Court accept the case. The other actions on this subject have been requests for injunctive relief.

The only election law case already argued in the U.S. Supreme Court, but which hasn’t had a decision yet, is Bartlett v Strickland (on how to apply the Voting Rights Act to North Carolina’s legislative redistricting process).

Oregon Electors Forced to Appoint Substitute Elector

Posted on by December 17, 2008
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On December 15, one Oregon presidential elector, Shirley Cairns, was unable to reach the state capital city of Salem by noon, the hour set for Oregon presidential electors to vote. Therefore, the other 6 presidential electors used their legal authority to choose a replacement. They chose Secretary of State Bill Bradbury. See this story. Cairns didn’t attend because the Oregon weather interfered.

8th Circuit Affirms that One South Dakota City Will Use Cumulative Voting

Posted on by December 17, 2008
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On December 16, the 8th circuit affirmed a U.S. District Court decision in Cottier v City of Martin, 07-1628. The 8th circuit agrees that the U.S. District Court was correct to order the city of Martin to use cumulative voting for its city council elections, even though there is no provision in South Dakota state law for cities to use that system. “Cumulative voting” gives each voter 3 votes, and all candidates run at-large. A voter is free to use the 3 votes to either give one vote to each of 3 different candidates, or give all 3 votes to one candidate, or to give 2 votes to one candidate and one vote to another candidate.

Almost 40% of Martin’s registered voters are Native Americans, but the old single-member district system (3 districts) has prevented any Native Americans from being elected since the last reapportionment. Native Americans aren’t a majority in any of the 3 districts. The City itself, and the U.S. District Court, had previously determined that the housing patterns are such that it is impossible to draw district lines that provide for a majority Native American district.

Ohio Legislature Passes Other Election Law Bills But Still Doesn’t Pass New Ballot Access Bill

Posted on by December 17, 2008
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The Ohio legislature elected in 2006 is still in session, but it expects to adjourn on Thursday, December 18. A few days ago it passed an election law bill, SB 380, which relates to early voting. However, no legislator introduced any bill to replace the old, void ballot access procedures for new and minor political parties.

Secretary of State Jennifer Brunner testified recently in an Ohio legislative hearing that the state has paid out over $1,000,000 in attorneys fees, in election law cases, this past year. When she took office in January 2007, Ohio was involved in 22 election law lawsuits. Although that has now been whittled down to 10 still outstanding, new cases have been filed this year.