U.S. District Court Rules Mississippi Democratic Party May Close its Primary to Members

On June 8, U.S. District Court Judge W. Allen Pepper, a Clinton appointee, ruled in favor of the Mississippi Democratic Party. The issue was whether Mississippi’s open primary is unconstitutional as applied to a political party that doesn’t want non-members voting in its primary. The case is Mississippi State Democratic Party v Barbour, 4:06-cv-29. Thanks to Steve Rankin for this news. This is the first time a court has ever ruled a standard open primary to be unconstitutional if a party objects to it.

The judge said he would give the legislature until April 2008 to craft a new election law that complies with the court ruling. He suggested the possibility that the legislature might set up registration by party, but said that is up to the legislature.

Illinois Legislature Likely to Pass Timid Ballot Access Bill

On June 1, the Illinois Senate amended HB 1752 (which was originally a bill concerning wages for precinct elections officials) to add minimal ballot access improvements for independent candidates. The Senate then passed the bill. The added provisions are similar to the contents of HB 632. They reduce the number of signatures for independent candidates for the legislature from 10% of the last vote cast, to 5%. They also move the independent candidate petition deadline from the year before the election, to June of the election year. Thanks to Chris Bennett for this news. The House will probably re-pass HB 1752 in the next two weeks.

The only reason any improvement is being made is because the independent candidate petition requirements for legislative candidates were held unconstitutional last year. It is disappointing that no further improvements are being made. A legal challenge is likely in the future. Existing Illinois law says independent candidates for US House, and the US House nominees of unqualified parties, need exactly 5,000 signatures in years after redistricting (such as 2002, 2012, etc.). But in all other election years, they need approximately 14,000 signatures. Any US House candidate who submits at least 5,000 valid signatures will have a strong claim that there is no state interest in requiring any more, since the 5,000 requirement works OK in years after redistricting. If the Illinois legislature had any foresight, it would amend the existing law to set a 5,000 cap for candidates for US House.

N.H. Mason-Dixon Presidential Primary Poll

Mason-Dixon Polling & Research released results of a New Hampshire presidential primary poll on June 8. The poll was conducted by telephone June 4-7. It includes 361 Republican and Independent voters who said they would likely vote in the Republican primary, and has these results: Mitt Romney 27%, John McCain 16%, Rudy Giuliani 15%, Fred Thompson 12%, Mike Huckabee 5%, Sam Brownback 1%, Duncan Hunter 1%, and under 1% for Ron Paul, Jim Gilmore, Tommy Thompson, and Tom Tancredo. Undecided was 22%. Although the pollster did not ask about Newt Gingrich, 1% of the respondents named him anyway.

The poll also included 411 Democratic and independent voters who said they would likely vote in the Democratic primary. Results were: Hillary Clinton 26%, Barack Obama 21%, John Edwards 18%, Bill Richardson 9%, Joe Biden 6%, Chris Dodd 1%, Mike Gravel 1%. Dennis Kucinich was under 1%. Undecided was 16%. Although Gore was not named by the pollster, 2% of the respondents mentioned him anyway.

Eric Eidsness Leaves Reform Party, Joins Democrats

In the November 2006 elections, the most successful Reform Party candidate for an important office was Eric Eidsness. He polled 11.3% in a 3-way race for U.S. House in Colorado’s 4th district. He recently changed his registration to join the Democratic Party, and he plans to run for the same seat in 2008 as a Democrat. In 2006, the 4th district was won by Republican incumbent Marilyn Musgrave with only 45.6%.

Alabama Legislature Adjourns; Most Election Law Bills Fail to Pass

The Alabama legislature adjourned for the year on June 7. The only election bill of interest that passed was one moving the presidential primary (but not the primary for other office) from June to February.

Bills to provide for a declaration of write-in candidacy, to apportion electoral votes in proportion to the popular vote, to pass the National Popular Vote Compact, all failed to pass.

The legislature got bad publicity on its last day, when a Republican State Senator punched a Democratic State Senator in the face, on the Senate floor.