Although Arizona permits ex-felons to register to vote, they may not register to vote if they owe the state any money in connection with their punishment. They may not register, even though they have been released from prison, if they still owe any court costs, costs of incarceration, or interest on those debts. On June 1, the ACLU sued Arizona in federal court over that policy. In 1966 the U.S. Supreme Court ruled in Harper v Virginia Board of Elections that the right to vote cannot be made conditional on paying any money. That case struck down Virginia’s poll tax of $1.50. The new Arizona case is called Coronado v Napolitano, cv07-1089 PHX-SMM. It was assigned to Judge Stephen McNamee, a Bush Sr. appointee.
Two California bills that expand use of ranked-choice voting are moving along. On May 31, the Assembly Appropriations Committee passed AB 1662, which lets overseas absentee voters use ranked-choice ballots when they are voting in elections which have the potential for a run-off. Thus, the overseas absentees voters are permitted to vote fully, with only a single act, in both the first election and any needed run-off.
The other California bill involving ranked-choice ballots, AB 1294, had already passed the Assembly Appropriations Committee. AB 1294 lets all cities and counties use Instant-Runoff Voting for their own local elections.
On May 31, the Alabama legislature passed HB358. It moves the presidential primary from June to February 5. The legislature had passed a similar bill last year, but it didn’t go into effect because the state didn’t send it in to the federal Voting Rights office for approval. The state didn’t send in the 2006 version because it had a drafting flaw. It moved the primary for all office, not just president, from June to February. No one had intended that result.
The new, 2007 version of the February presidential primary bill has an odd twist. It provides that the state’s two coastal counties should vote on January 30, 2008, but the results won’t be released to the public until the evening of February 5. The two coastal counties had complained that they couldn’t possibly hold an election on February 5, 2008, because that day is Mardi Gras. Many streets are closed for parades.
On May 31, the Illinois Senate passed HB 1685, the National Popular Vote Plan for presidential elections. The vote was 37-22. The bill had previously passed the Illinois House, but since the Senate amended it slightly, it must return to the House.
Some individuals say they are opposed to the National Popular Vote Plan because it subverts the intention of the Founding Fathers. Most historians believe that the Founding Fathers expected the electors to use their own judgment when they voted for president in the Electoral College. And even after the Electoral College had gone into operation, only a few states elected electors the way most states do today. For example, in 1792, the only states that elected their electors by popular vote at-large were Maryland, New Hampshire and Pennsylvania. By contrast, Kentucky, Massachusetts, and Virginia elected their electors by congressional district. And Connecticut, Delaware, Georgia, New Jersey, New York, North Carolina, Rhode Island, South Carolina, and Vermont, all let the state legislatures choose the electors.
South Carolina has long been the only state in which political parties pay for, and administer, their own presidential primaries. However, a bill is likely to pass to provide that the government should pay for them and administer them. Senate Bill 99 passed the Senate by voice vote on April 20. It was amended slightly in the House and passed the House on May 30, by 99-20. Now the Senate must decide whether to concur in the House amendments. Governor Mark Sanford says he is leaning toward vetoing the bill, but if he does, it is possible his veto will be overridden.
If the bill becomes law, all the qualified parties would be eligible for a government-funded presidential primary. That includes the Green, Libertarian and Constitution Parties. The bill provides that parties would still set the date of their own presidential primary, and sets up a state income tax-checkoff for voters who want to voluntarily help pay for the administration of presidential primaries.