Kansas Republicans Miss Deadline for Filing Presidential Elector Candidates

The Kansas deadline for qualified parties to file their candidates for presidential elector is June 20. The Republican Party of Kansas still hasn’t filed any candidates for presidential elector. The Kansas Secretary of State’s webpage lists candidates for presidential elector. That webpage says the Libertarian Party also hasn’t filed its candidates for presidential elector, but the Libertarian Party did submit the list, late on October 3.

There are no consequences to missing the Kansas deadline. John McCain will still be on the ballot in Kansas.

Alabama Hearing on Voter Registration in Jails Set for October 6

U.S. District Court Judge W. Keith Watkins of Montgomery, Alabama, will hold a hearing on injunctive relief in Glasgow v Allen on Monday, October 6, at 1:30 pm, in courtroom 2E. The issue is whether the state can prohibit visitors to jails who want to register inmates. Alabama law permits felons and ex-felons to vote unless they were convicted of a crime of “moral turpitude.” Only 70 crimes have been determined to involve “moral turpitude” in Alabama. A majority of people locked up in Alabama were not convicted of crimes of “moral turpitude”, although the state has had a tough time figuring out which crimes are in that category.

Constitution Party Polled Over 6% in Washington State Primary

Washington state held a “top-two” primary on August 19, at which all voters received the same ballots. Each ballot listed all candidates, with party labels worded “Prefers (such-and-such) Party.”

The Constitution Party candidates for Secretary of State, and for Auditor, each polled over 6%. If this had been the November general election, such showings would have entitled the Constitution Party to become a qualified party, since the law defines “party” to be a group that polled 5% for any statewide race. However, it doesn’t count, since this was just a primary. Furthermore, despite their good showings, the Constitution Party candidates won’t have their names printed on the November ballot, since they didn’t place first or second.

For Secretary of State, Constitution Party member Marilyn Montgomery polled 88,728 votes, or 6.46%. For Auditor, Constitution Party member Glenn Freeman polled 94,148 votes, or 6.89%.

Alabama Secretary of State Will Furnish Free List of Registered Voters to Democratic and Republican Parties

Earlier this year, the Alabama Democratic Party sued the Secretary of State to get a free list of the registered voters of the state. On October 2, the Secretary of State settled the lawsuit by agreeing to furnish the statewide list of registered voters to the Democratic Party, and also to the Republican Party, twice a year in election years. The case is Turnham v Chapman, cv2008-901037, Montgomery County Circuit Court.

Under a U.S. Supreme Court summary affirmance in 1970, called Socialist Workers Party v New York State Board of Elections, if a state gives a free list of registered voters to the qualified parties, it must give the same list to the unqualified parties that are trying to get on the ballot. The Alabama Libertarian Party has already set up a plan to begin petitioning for party status for the 2010 election, starting with a push on November 4, 2008 to circulate petitions at the polls. Under the 1970 precedent, the Alabama Libertarian Party is in a strong position to receive the list of registered voters.

Former California State Senator Promotes "Top-Two" Initiative in California

On September 29, Steve Peace, a former Democratic State Senator from San Diego, filed a proposed initiative with the California Attorney General that would establish the “top-two” election system in California. The proposal is more similar to Washington state’s “top-two” law, than it is to Oregon’s “top-two” initiative. The California initiative would abolish the practice of asking voters about party membership, on voter registration forms. By contrast, the Oregon initiative, on the ballot in the current election, retains partisan registration.

The California initiative appears to have been drafted hastily and carelessly. It fails to re-define “political party”. Under existing law, the chief means that parties have for getting on the ballot is by persuading people to join that party, as shown on voter registration forms. Since the initiative abolishes partisan registration, one would have expected the initiative to re-define “political party”. However, it does not do that.

The initiative also says that a the list of people who vote in any party’s presidential primary would be given to that party, but not to anyone else. Similar laws have been held unconstitutional this year or last year in Michigan and New Hampshire. The initiative has careless mistakes, such as referring to the existing California elected office known as “Superintendent of Public Instruction” as “Superintendent of Public Education.” The initiative has no intent to change the name of that office, since in other places it refers to the office by its original name.

Here is the text of the initiative. Thanks to Rick Hasen’s ElectionLawBlog for the news.