On May 12, supporters of Donna Frye, the write-in candidate for Mayor of San Diego last November, withdrew their lawsuit over whether all of her write-ins should be tallied. The issue was those write-ins in which the voter wrote her in, but forgot to “x” the box next to the write-in line. The Frye voters withdrew their lawsuit because there will be a special election for Mayor on July 26, 2005 anyway. Also, it is now likely that the California legislature will pass a bill to legalize that type of write-in vote. Bills to do that have each passed in the house of origin. They are AB 43 and SB 1050. Since the bills are not identical, one of them still must pass the other house. Withdrawing the Frye lawsuit makes it even more likely that one of the bills will be signed into law.
On May 12, the Missouri legislature passed HB 525, which (among other things) gives a newly-qualifying party the flexibility to decide whether to run a presidential candidate after it gets on the ballot. The old law required it to list candidates for presidential elector on its petition, which meant that it had to make a decision about whether to run such candidates before it started its petition drove.
The Alabama legislature’s final day is Monday, May 16. On that day, the fate of HB100, which moves the presidential primary to the first Saturday after New Hampshire’s primary, will be decided. The bill has already passed the House and all Senate committees.
So far this year, the only other state that has moved its presidential primary to an earlier date is Arkansas, which moved it from May to the first Tuesday in February. That change was made via SB235, signed into law on March 3, 2005.
Bills are pending in Pennsylvania and New Jersey to move those states’ presidential primaries to March. Pennsylvania’s is now in April, and New Jersey’s is now in June.
On May 9, the US Court of Appeals, DC circuit, heard arguments in Hagelin v Federal Election Commission. The 3 judges were David Tatl (Clinton appointee), Harry Edwards (Carter appointee) and Karen Henderson (Bush Sr. appointee). All 3 judges were very active in the questioning and all 3 seemed very interested in the case. The lower court had ruled that the FEC had to investigate the Commission on Presidential Debates, which is run by Democratic and Republican Party officials and which has always tried to exclude all non-major party presidential nominees from the debates. Plaintiffs in this lawsuit include John Hagelin, Ralph Nader, Pat Buchanan and Howard Phillips, all of whom ran for president in either 2000 or 2004 or both. A decision is likely in 4 months or so.
On May 11, North Carolina HB 1024 passed the House Election Law Committee. It lets 10 counties use Instant-Runoff Voting for their county and city elections, on a trial basis, in 2006 only. The State Board of Elections would choose which ten counties, based partly on the desires of those counties.