No Election Law Decision from U.S. Supreme Court

On June 9, the U.S. Supreme Court released three full opinions, but it did not release the only pending election law decision, Davis v Federal Election Commission, no. 07-320. The Court will release that decision on June 12, June 16, June 23, or June 30. The issue is the part of the McCain-Feingold law that relaxes contribution limits to federal candidates who face an opponent who donates more than $650,000 to his or her own campaign.

Another election law case has been accepted by the U.S. Supreme Court, a redistricting case from North Carolina. However, that case will not even be argued until October 14, 2008. It is Bartlett v Strickland, 07-689.

Working Families Party Approaches Major Party Strength in Part of Brooklyn

The Working Families Party has been gathering strength in one particular legislative district of Brooklyn during this decade. The district, the 52nd Assembly district, includes Bay Ridge and Brooklyn Heights. In 2006, it polled 22.6% of the vote for Assembly in that district, almost triple what the Republican nominee polled. In 2004 it had also out-polled the Republicans, even though the WFP share of the vote had only been 11.5%. In 2002 there had been no Republican nominee in the race, and the WFP had polled 15.3%.

In each of these elections, the Working Families Party cross-endorsed the Democratic nominee, Assemblywoman Joan L. Millman. Generally when a minor party in New York is the kind of party that mostly doesn’t run its own nominees, and cross-endorses major party nominees, it gets between 3% and 5% of the vote in such races.

Faye Coffield, Georgia Independent Candidate for Congress

Georgia has the nation’s most restrictive ballot access law for independent and minor party candidates for the U.S. House. No independent for that office has qualified under that law since 1964. It requires a petition of 5% of the number of registered voters in the district.

Faye Coffield is trying to qualify as an independent, in the 4th district. The incumbant, Hank Johnson, will be unopposed in November unless Coffield is able to get on the ballot. Coffield, 58, is a private investigator. Both Johnson and Coffield are African-American. The 4th district is centered on DeKalb County, Georgia. Anyone in the Atlanta metro area who would like to help circulate the Coffield petition, should consider doing so. Her webpage is www.electfaye.com. Her postal address is PO Box 360453, Decatur Ga 30036. Her e-mail is comment@electfaye.com, and her phone is 770-657-3104. She needs 14,887 valid signatures by July 8. If she collects a substantial number of signatures, but falls short, she would be an excellent plaintiff in a lawsuit challenging the constitutionality of the requirement. The U.S. Supreme Court said in 1974 that a ballot access requirement that is seldom used is probably unconstitutional. Earlier this year, 3 justices of that Court reiterated that test, in a concurrence.

Washington State Primary Has No Function in 3/4ths of Legislative Races

Washington state is using the “top-two” system for the first time this year. There are 26 State Senate seats up, and 98 State House seats up, for a total of 124 legislative races this year. Filing for the August 19 primary is now closed. Out of the 124 races, the primary is utterly meaningless in 92 races, since there are only two candidates, or only one candidate, running in 92 races.

Formerly, the Washington primary was the device by which major parties nominated their candidates, but it no longer has that function. Instead, the only function of the August 19 primary is to whittle down the number of candidates in the November election to just two. Obviously, when there are just two candidates (or just one candidate) in a particular race, there is no whittling to be done. In other words, in 74% of the legislative races this year, the primary will accomplish absolutely nothing.

Except for the gubernatorial race, there is no federal or state race this year in Washington with more than seven candidates. One wonders why the primary could not simply be canceled, so that all candidates who filed could run in November.

The total number of Democrats and Republicans running in this year’s primary for legislature is 207. Two years ago, when the state was using an open primary, there were 233 Democrats and Republicans running for the legislature. Thus, it seems one effect of the “top-two” system has been to reduce choices for Democratic and Republican voters.

For counting purposes, any candidate who used the word “Democratic” or just “D” was counted as a Democrat, even if the candidate appended other words, such as “True Democrat” or “Progressive Democrat”. Similarly, any candidate who used the term “G.O.P.” was counted as a Republican, and also any candidate who used “Republican” with other words, such as “Republican Tax Cut” was also counted as a Republican.