California Assembly Goes Into Summer Recess

The California Assembly went on a recess on July 19, and won’t return until August 20. Various election law bills that had already passed the Senate and all Assembly committees won’t get a vote in the full Assembly until August 20 at the earliest. They include SB 408 (to restrict who can circulate statewide initiatives), SB 439 (to count write-ins when the voter forgets to “x” the box next to the name written in), and SB 37 (the National Popular Vote plan for presidential elections).

If you are motivated to help protect the initiative process, and especially if you live in California, now is a good time to contact your Assemblymember and express opposition to SB 408.

Van Allen Fails to Win Injuctive Relief Against New York Law

On July 19, a U.S. District Court denied injunctive relief to a New York voter who recently changed his registration from “independent” to being a member of the Independence Party. Van Allen v State Board of Elections, 1:07-cv-722, Albany.

New York is the only state that won’t let a voter join a party and have that membership take effect immediately. Instead, such a voter isn’t considered a member of the party until the following year. Van Allen’s case would have been stronger if he had been joined in the lawsuit by the Independence Party of New York. Political parties have powerful First Amendment rights of association. If a political party and a voter would join together in a lawsuit, the lawsuit would probably win. The ostensible state interest in the law is to protect political parties from people who are not joining because they believe in the party, but because they just want to vote in its primary. But if a party were to say it doesn’t need that protection, the case would be strong.

Arkansas Greens About to Launch Petition for 2008

The Arkansas Green Party expects to begin its 2008 petition for ballot status on July 24. Currently, there are no qualified parties on the ballot in Arkansas except for the two major parties. Parties set their own petitioning period, but must get the job done in only 60 days. 10,000 valid signatures are required.

Parties that only wish to be on for president only need 1,000, and can take as long as they wish.

UPDATE: The Green petition will start on July 30.

Iowa Media Covers Libertarian-Green Registration Gain

Iowa newspapers on July 19 reported the news that Iowans will soon be able to register in certain political parties, other than the Democratic and Republican Parties. See here for one of these stories. As noted on this blog on June 27, unqualified parties that submit 850 signatures will be entitled to a list of the names and addresses of people who register into those parties. The voter registration form will contain a blank line labelled “Other” for the “political party” question, in addition to the 3 old choices of “Democratic”, “Republican” and “independent.”

New Mexico Libertarian Hearing in 10th Circuit

The 10th circuit has tentatively set October 1, 2007 as the hearing date in Libertarian Party of New Mexico v Vigil-Giron, 06-2303. This is the case challenging the state’s policy of one petition to qualify a new party (which then nominates by convention), and then separate hefty petitions for each person the party nominates. The party argues that one petition should be sufficient to show that the party has a modicum of voter support, and additional petitions for all of its nominees have no function. The lower court had upheld the law without even scheduling a hearing. The main issue before the 10th circuit is whether the U.S. District Court should have gathered evidence before ruling. The 10th circuit hearing is in Denver.