On July 7, the Arizona Supreme Court had put a candidate on the Democratic primary ballot, even though many of his petition signers wrote down a Post Office box on the petition, instead of a residence address. The Court said at the time that the candidate should be on the ballot, and that the decision would be issued later.

On August 19, the Court issued its opinion. It says that the law requires a residence address, not a post office box. But, it also says that the signature is not necessarily invalid, just because it lists a post office box instead of the residence location. “Invalidating signatures of duly registered electors does not further the purpose, intent, or spirit of Arizona’s nominating petition statutes.” When a signer lists a post office box, the burden shifts to the challenged candidate to show where that voter lives. If the candidate can show that the voter lives in the correct district, the signature is valid. The philosophy behind this decision is admirable, and contrasts with the behavior of the Maine Supreme Court in Herb Hoffman’s ballot access case earlier this year. The Maine Supreme Court had invalidated the signatures of validly registered voters because they had signed on the same sheet on which appeared an invalid signature.

The Arizona decision is Jenkins v Hale, cv-08-0208.

On September 17, the California legislature sent SB 1322 to Governor Arnold Schwarzenegger. He must sign it or veto it, or let it become law without his signature, by September 30. Although it is not an election law bill, it has implications for election law and for minor parties. It deletes provisions of the Education Code that bar anyone who has been a member of the Communist Party for the last five years from being hired by Public Schools. If this bill is signed into law, it will probably make it somewhat likely that the legislature will also repeal election laws that make it illegal for any person who has been a member of the Communist Party from running for public office, and which bar subversive parties from the ballot. None of these laws (education code and election code alike) have been enforced in California since a 1967 decision of the California Supreme Court.

On September 18, the legislature sent AB 583 to the Governor. It sets up a pilot program for public funding for candidates for Secretary of State in the 2014 election.

On September 18, Montana Governor Brian Schweitzer spoke at a voter registration rally in Bozeman, on the campus of Montana State University. He said, “Everyone, please vote. This is a marketplace of ideas, whether you vote for John McCain, or whether you vote for Ron Paul, or whether you vote for Barack Obama!”. Ron Paul is indeed on the ballot in Montana, as the Constitution Party nominee. Governor Schweitzer, a Democrat, did not mention that Ralph Nader and Bob Barr are also on the Montana ballot.