Setback for Washington State Ex-Felon Voting

Washington state lets ex-felons register to vote, if they have been released and if they have paid all fines and made all court-ordered restitution payments. On July 26, the Washington State Supreme Court ruled 6-3 that nothing in the state or federal constitutions provides any relief for ex-felons who have not paid their fines or restitutions because they can’t afford to do so.

The case is Madison v State, no. 78598-8. The plaintiffs had argued that the effect of the law (requiring that fines and restitutions be paid before an ex-felon may register) amounts to a poll tax. The U.S. Supreme Court had struck down poll taxes in 1966. The Washington State Supreme Court rejected this analogy, saying that since ex-felons have no constitutional right to register to vote anyway, they cannot complain. The Washington State Constitution says “Elections Shall be Free and Equal” but the Court said that is irrelevant. Most state constitutions say “Elections shall be free and equal”, but state courts rarely seem to think that phrase means anything.

North Carolina Bill for District Selection of Presidential Electors Makes Headway

On July 25, the North Carolina House Election Law & Campaign Finance Committee passed SB 353. It provides that each U.S. House district in North Carolina would elect its own presidential elector. The bill had passed the Senate on May 24. It is likely to receive a vote in the House on July 26. The bill passed on a party-line vote, with Democrats voting “yes” and Republicans voting “no.” Thanks to Rick Hasen for this news.

The only states that currently let each U.S. House district choose its own presidential elector are Nebraska and Maine.

Indiana Decision Expected in Five Days

On July 25, a hearing was held in Indiana state court over whether the nominee of a new party can be disqualfied from the November ballot, because he voted in a major party primary. The case concerns Mark Herak’s attempt to be on the November ballot for city council in Highland, Indiana, as the nominee of the “Highland First Party.” All cities and towns in Indiana have partisan elections. Herak’s petition was not challenged, but his ballot status was challenged because he had voted in the Republican primary. No Indiana law says independent or new party candidates must not have voted in a major party primary.

The judge said he would rule in five days. The case is Herak v Lake County Election Board, in Lake County Circuit Court.

No Recount for Georgia Special Congressional Election

On July 25, Jim Whitehead said he will not ask for a recount in the July 17 special election for Georgia’s US House seat, 10th district. The final results are Paul Broun 23,529; Jim Whitehead 23,135. Both are Republicans. They placed first and second in the first round on June 25. However, on June 25, Whitehead had 23,555 votes and Broun only had 11,208. Broun won by appealing to Democrats and independents.