On April 16, the U.S. Supreme Court refused to hear Perryman v Democratic National Committee, 06-1107. The case had been filed by an African-American minister who lives in Washington state. He had charged that the Democratic Party between 1792 and 1965 had engaged in a pattern of overt, systematic racism against African-Americans, and he wanted an apology and damages. The lower courts had dismissed his case on standing grounds.
On April 20, an Alabama mid-level court reversed the conviction of Loretta Nall. She had earlier been convicted of possessing less than an ounce of marijuana, in 2002. That conviction had come after her home was raided. The search warrant was based on the fact that she had written a letter to the editor of the Birmingham News advocating that marijuana be legalized, as well as a statement her 4-year-old daughter had made in kindergarten class. Nall’s appeal challenged the basis for the search warrant. The mid-level court reversed the conviction. Nall was the Alabama Libertarian Party’s write-in candidate for Governor in 2002.
Recently, National Public Radio has run commentary and news on the presidential election to be held in France on April 22. Twelve candidates are on the ballot. NPR pointed out that all candidates on the ballot receive 45 minutes of free TV time. Also, TV news is required to equalize its coverage of anyone on the ballot, on a per-week basis. Thus, if a particular station has carried 90 seconds about one particular presidential candidate, before the week is out, it must have carried 90 seconds about each of the other candidates. Presidential candidates get on the ballot with a petition of 500 signatures of Mayors.
On April 16, New Hampshire Governor John Lynch signed SB 36 into law. It bans the “straight-ticket” device. A “straight-ticket” device is a choice at the top of a ballot, which, if chosen, lets a voter vote for every partisan office in a single motion, without even reading the ballot to see which candidates are running. There is a separate entry for each party on the ballot. For example, if the voter chooses the “Republican Party” choice, then the ballot is automatically marked for every Republican nominee listed on the ballot for all partisan offices.
Straight ticket devices still exist in 15 states. Bills to ban them are also pending in Texas, Oklahoma, and Rhode Island.
Although the Texas House of Representatives passed the bill to move the primary from March to February overwhelmingly, the bill’s prospects in the Senate are shaky. Many Senators are uncomfortable with having the primary for state office, and for Congress, as early as February. The bill is HB 2017.
Texas is free to have an early presidential primary, and a later primary for other office. Approximately half the states follow this pattern. But, that idea doesn’t seem to be circulating in Texas.
