Illinois Special Legislative Session Extended Again

Two interesting election law bills pending in the Illinois legislature are still alive. They are HB 1685 (the National Popular Vote Plan) and HB 1752 (timid ballot access improvements). Both have passed both houses of the legislature in some version, but since the versions passed by each house are not the same, further legislative action is needed. The regular legislative session is over, but these two bills (along with many other bills) are eligible to be considered in the special session. The special session may last for many more weeks. The legislative webpage, which says that these two bills must be enacted by June 30, is not up-to-date.

Pennsylvania Minor Parties Ask US Supreme Court to Take Ballot Access Case

On June 27, Pennsylvania’s minor parties asked the U.S. Supreme Court to hear the ballot access case that was filed last year. The case is Rogers v Cortes, no. 06-1721.

The U.S. Supreme Court hasn’t accepted a ballot access case brought by a minor party or an independent candidate since 1992. It has repeatedly denied cert petitions filed by minor party and independent candidates since 1992. Cases the Court refused to hear (since 1992) came from Georgia, Illinois, North Carolina, Ohio, Oregon, Pennsylvania, and Texas.

The recent Pennsylvania case involves the fact that Pennsylvania even excludes parties from the ballot that meet the state’s definition of “political party”, unless those parties have registration membership of 15% of the state total. If the Pennsylvania system existed in the District of Columbia and in Massachusetts, even the Republican Party would be off the ballot, since it doesn’t have registration as high as 15% in those two jurisdictions.

Delaware Anti-Fusion Bill Loses in House by 2 Votes

On Saturday night at 11:04 pm (June 30), the Delaware House defeated HB 177 by 17-19. The bill would have outlawed fusion. The bill became was of the most contentious fights during the last day of the session. For more about the fight over this bill, see www.delawarewatch.blogspot.com. The Democratic Party legislative leadership was determined to pass this bill, but that Democratic leadership failed to achieve its aim.

Iowa Voter Registration Case Finally Over

On June 27, the lawsuit filed by the Iowa Libertarian and Green Parties in 2005 was finally settled, without any need for a judicial decision. The State has agreed to let voters register into any unqualified party that (1) submits 850 signatures; (2) has placed candidates on the ballot in the last ten years. Iowa and Kansas had been the only states in which it was physically impossible for a voter to register into any party that is not a ballot-qualified party. Now, Iowa will start printing a blank line on the “political party” question, on the voter registration forms. This outcome would not have been possible without the assistance of the American Civil Liberties Union of Iowa and its attorney, Randall Wilson.

Groups that submit the 850 signatures, and which have placed candidates on the ballot recently, will be entitled to a list of any voters, with their addresses, who register as members of such groups.

The right of a voter to register into an unqualified party has now been won, either by lawsuit decisions or by settlements, in Iowa, Colorado, Oklahoma, New Jersey, and New York. However, in Oklahoma, even though the lawsuit won, the state implemented it with great stinginess; the outcomes have been far better in the other states named above.