As expected, the U.S. Supreme Court has agreed to hear Wisconsin Right to Life v Federal Election Commission. The Court set an expedited briefing schedule, so that oral arguments will be in May or June 2007. This is the case in which the lower court had ruled that the McCain-Feingold law is unconstitutional as applied in certain situations. Specifically, the court below had held that the part of the law banning almost all corporations from paying for broadcasts that mention candidates (within 60 days of an election) is unconstitutional as applied to ads that don’t even hint how someone should vote.
On January 17, Nebraska State Senator Kent Rogert introduced LD 539, on the subject of independent presidential petitions. The bill would eliminate the primary screen-out. Nebraska lets any registered voter sign for an independent candidate, except that independent presidential candidates cannot obtain signatures from people who voted in the primary. If the bill passes, there will be no Nebraska primary screen-out for any petitions. The bill also moves the petition deadline forward to August 1.
On January 18, the plaintiffs in the lawsuit challenging Indiana’s photo-ID law (to vote at the polls) asked for a rehearing en banc. The original decision had been 2-1in favor of Indiana’s law. Now all 12 fulltime 7th circuit judges will decide whether to rehear the case. Crawford v Marion Co. Election Board, 06-2218.
Minnesota State Senator John Marty, who has been a Senator for 20 years, has introduced SF 39. It would provide that all federal, state and local elections in Minnesota would use Instant-Runoff Voting, as soon as the Secretary of State had certified that the state is able to handle the project. SF 39 already has 4 co-sponsors. Marty is a Democrat from Roseville, a suburb of St. Paul.
During the last two months, enough of you have contributed to COFOE (Coalition for Free & Open Elections), to make it possible for COFOE to file an amicus brief in the Oregon ballot access case, Wasson v Bradbury. This is the lawsuit over Oregon’s 2005 law that makes it illegal for people to sign an independent candidate petition and also vote in the primary. The brief will be filed on January 19, 2007.