Link to Michigan Decision

The Michigan State Court of Appeals 4-page decision Grebner v State can be read via this link. The 18-page dissent is at this link. Thanks to Thomas Jones for this.

The majority said that helping the two major political parties is a private benefit to those two parties. The dissent, on page 17, says, “While supporting (major) political party activities may serve the private purposes of those parties, such support is also a public purpose.” This thinking comes dangerously close to violating the Helsinki Accords. The United States pledged, when it signed the Helsinki Accords, that it would not “merge any political party with the government.”

Massachusetts Senate Passes February Presidential Primary Bill

On November 15, the Massachusetts Senate passed SB 2414 by a vote of 33-5. It moves the presidential primary from March to February 5. The new deadline for qualified parties to tell the Secretary of State whom to list on those presidential primary ballots becomes December 6, 2007. Massachusetts has 4 ballot-qualified parties: Democratic, Republican, Green, and Working Families.

US Supreme Court Will Hear Indiana Photo-ID Case on January 9

The U.S. Supreme Court will hear the Indiana voting rights case on January 9, at 10 a.m. The case is actually two combined cases, Indiana Democratic Party v Rokita, 07-25, and Crawford v Marion County Election Board, 07-21. The issue is Indiana’s law that requires most voters to show government photo-ID before voting at the polls.

Michigan Court of Appeals Rules Against Major Party Monopoly on Voter Lists

Today the Michigan Court of Appeals agreed with the lower court that giving the two major parties monopoly access to the list of primary voters is unconstitutional. This deals a possible blow to to Michigan political leaders’ hopes of holding a presidential primary on Jan. 15. It is possible that the Michigan Supreme Court will take the case, so it may not yet be finally decided.

Federal Court Denies Connecticut Motion to Stop Evidence-Gathering

On November 15, the federal court that is hearing Green Party of Connecticut v Garfield ruled that evidence-gathering in the case should proceed. The case was filed in 2006 to overturn the discriminatory parts of Connecticut’s public funding law. The state had tried to persuade the court to stop the evidence-gathering phase, until the state’s motion to dismiss the case is ruled on. But the judge decided to let discovery continue.

The law provides that any candidate for state office who wants public funding must raise a certain number of small contributions. The contribution levels are the same for every candidate. However, if the candidate is an independent, or a member of a party that had not run for that office in the preceding election, or had polled less than 1%, he or she must submit a petition signed by 10% of the voters, to get any funding at all; and a 20% petition to get equal funding.

Also, if the candidate is a member of a party that had run for that office in the last election, and had polled more than 1% but less than 10% of the vote, then the candidate cannot get any public funding at all, no matter how many signatures are collected.