On February 12, the California Senate Elections Committee unanimously passed SB 113, the bill to give the state a presidential primary on February 5 (the primary for other office would continue to be in June).
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In Oregon, the Secretary of State and certain other state executive officials may sponsor bills. Oregon Secretary of State Bill Bradbury is sponsoring HB 2082, which has its first hearing in the House Elections Committee on February 14. The bill makes these changes: (1) no one but a signer can add the signer’s printed name and address to the petition; (2) for initiatives, no photocopies of the petition are permitted; every sheet must come from the Secretary of State’s office, and each sheet has a unique page number; (3) no one can circulate an initiative without first taking government-sponsored training; (4) the chief petitioner must submit a list of all the circulators; signatures collected by somone not on the list are void.
Ironically, these changes tend to be most damaging to grass-roots volunteer petition drives, rather than to petition drives circulated by professional signature-gathering companies. The rule requiring that all sheets be issued by the Secretary of State is especially damaging for those would would use the internet to get petition sheets into the hands of many people quickly and cheaply.
The Nebraska Senate Government, Military and Veterans Affairs Committee will hold a hearing on LD 539 on February 22. It would remove the restriction that says independent presidential petitions cannot be signed by primary voters. Nebraska already lets primary voters sign for independent candidates for all office except president. Nebraska also lets primary voters sign a new party petition. The restriction on independent presidential petitions is a historical accident.
On February 9, a U.S. District Court determined that the city of Martin, South Dakota, should use cumulative voting to elect its city council. Cottier v City of Martin, no. 02-5021-KES.
The court had earlier ruled that Martin’s plan for electing its city council violates the Voting Rights Act, as applied to Native Americans. The court had given the city a chance to suggest a remedy, but the city refused, so the court authorized its own plan. In the past, Martin has elected its 6-member city council from three districts (2 members from each district). Although Native Americans comprise 36% of the voting age population of Martin, and 31% of the persons who voted in the last election, they have never been able to elect one of their own to the city council. Furthermore, they are so dispersed throughout the city, experts on both sides agreed it was not possible for the boundaries of the three districts to be drawn so that Native Americans comprised a solid majority in any district.
Therefore, the court ordered Cumulative Voting. Elections will be at-large, with three to be elected in each election. Each voter will receive three votes. Each voter will be able to cast one, two, or three votes for any one (or more) of the candidates.
Virginia HB 3157, which imposes substantial filing fees on minor party and independent candidates (for all office except president) passed the House on February 6, by 70-29. It now goes to the Senate Elections Committee. The Independent Green Party is fighting the bill.