U.S. Justice Department Questions 18 States About Compliance with Federal Voter Registration Law

In the first week in November, the Voting Rights Section of the U.S. Justice Department asked 18 states to prove that they are in compliance with the 1993 federal voter registration law. That law is commonly refered to as “Motor Voter.” It requires state and local government welfare offices and Department of Motor Vehicles offices to help register voters. The states are Alabama, Alaska, Arizona, Connecticut, Hawaii, Illinois, Iowa, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New York, Pennsylvania, South Carolina, Utah and Vermont.

Petitioning is more successful when a large proportion of adult citizens are registered to vote. It is believed that the above-named states have not been following the federal law, partly because federal enforcement has been lax during the last six years. If the Justice Department’s new interest in enforcing “Motor Voter” is successful in increasing the percentage of adult citizens who are registered voters, that will help minor party and independent candidate petitions, and it will also help initiatives.

Heinemann Faction of Reform Party Sues Kennedy Faction in West Virginia Federal Court

On November 6, three Reform Party leaders sued certain other Reform Party leaders in federal court in Elkins, West Virginia. The case is Heinemann v Kennedy, 2:07-cv-91. The defendants include Beverly Kennedy and her attorneys. The three plaintiffs are Jerome Heinemann, Skip Foley, and Jeanne Doogs. The lawsuit attacks the defendants for having filed a lawsuit in Texas state courts, after having lost an earlier intra-party fight in federal court in Florida. The West Virginia case is pro se.

Constitution Party Member Wins Non-Partisan Election

At least one member of the Constitution Party was elected on November 7, 2007. Scott C. Stevens won a spot on the city council of Warren, Michigan. Warren is Detroit’s largest suburb. The voters were asked to choose 9 at-large members. 18 candidates appeared on the ballot. Stevens’ vote total was 12,519, the 2nd highest. Thanks to Third Party Watch.

Michigan Legislature Unlikely to Save Presidential Primary

On November 8, the Michigan Senate passed HB 4507, to save the state’s presidential primary. Since it didn’t pass with a two-thirds margin, it cannot take effect in time for the 2008 primary season. Also the House seems uninterested in the bill. When the bill had passed the House, several months ago, it did not deal with the presidential primary. Since the Senate added presidential primary provisions to the bill, it must return to the House in order to pass.

The bill eliminates the existing provision that says if any part of the presidential primary bill is unconstitutional, then the entire primary falls. The bill would thus eliminate the problem with who may see the voter participant list (that provision was held unconstitutional on November 7). The bill also gives each party the right to decide which names appear on its own presidential primary ballot. No one could withdraw without swearing that he or she is not running for president. That would force individuals like John Edward and Barack Obama to be listed. Current law lets them withdraw from Michigan’s primary even if they are running in other states, and they have withdrawn.

Democrats control the House, and Michigan Democrats seem to be more interested in holding a caucus. UPDATE: the legislature has adjourned until Tuesday, November 13. Thanks to Thomas Jones for this.