California Governor Has 3 Days to Decide on Bills that Impact Elections

During September, the California legislature passed three bills that are probably of interest to readers of this blog. They are (1) SB 37, the National Popular Vote plan; (2) AB 583, to set up a pilot project for public funding of campaigns; (3) SB 1322, which removes some state laws that discriminate against present and past members of the Communist Party.

As of Sunday evening, September 28, it does not appear that Governor Arnold Schwarzenegger has acted on any of these three bills. However, according to this story, he is vetoing some bills just because he doesn’t have time to read them all, so some get an automatic veto just because he can’t cope with the workload.

Louisiana Libertarian Party Submits Powerful Brief to U.S. Supreme Court to Get Barr Back on the Ballot

On September 27, the Louisiana Libertarian Party filed this strong brief with the U.S. Supreme Court, asking that Bob Barr be put back on the ballot. The U.S. Supreme Court docket number is 08A269. It is 17 pages, and is well worth reading. Note that this is a microsoft “doc” file, not the usual “pdf” file.

Fifth Circuit Removes Barr from Louisiana Ballot

On September 26, the 5th Circuit removed Bob Barr from the Louisiana ballot. The three judges were Carolyn King (a Carter appointee from Texas), James Dennis (a Clinton appointee from Louisiana), and Priscilla Owen (a Bush Jr. appointee from Texas). The action was taken without any hearing. The case is Libertarian Party et al v Dardenne, 08-30922. Technically, the ruling only stays the decision of the U.S. District Court, and a ruling on declaratory relief will be held after the election.

The five-page order says that the state will suffer irreparable injury if the stay is not granted. That irreparable injury is that “absentee voters in the military and overseas will receive two ballots with different candidates, with a resulting likelihood of confusion and duplicate voting.” The ruling also says, “We recognize that the stay will inflict harm on the Libertarian Party, but we believe that the harm may well be of their own making.” The party has asked the U.S. Supreme Court to reverse the stay.

Democratic Party Fails to Change Label in Washington State Race

On September 26, a Superior Court in Seattle, Washington, upheld the position of the Secretary of State, that it is legal for Dino Rossi to have this label on the ballot next to his name: “Prefers GOP Party.” Rossi is perceived by everyone to be the Republican Party candidate for Governor of Washington. Washington state election law, for the first time this year, says that parties don’t nominate candidates. Candidates appear on the ballot with their “party preference”. Democrats had said there is no such political party as the “GOP Party”. Thanks to J. Bradley Jansen for this news. The case is Smith v Reed, King Co. Superior Court, 08-2-33009-5.