The National Popular Vote plan has been re-introduced into the 2007-2008 session of the California legislature. The bill is SB 37, by Senator Carole Migden (D-San Francisco). The same bill had passed the California legislature in 2006, but had been vetoed by Governor Arnold Schwarzenegger.
Law Professor James Gardner has written “Deliberation or Tabulation? The Self-Undermining Constitutional Architecture of Election Campaigns.” It will be in the Buffalo Law Review, volume 54, and likely be in print in the spring of 2007.
The article points out that there is substantial agreement, in philosophical discussions about election campaigns, that the purpose of election campaigns is partly to persuade voters to a particular point of view. On the other hand, much ballot access jurisprudence adopts the view that candidates who start out with a low level of popular support should be kept off the ballot. These two concepts are antithetical to each other. The article highlights the contradiction.
Rogers v Cortes, the Pennsylvania ballot access decision issued by the 3rd circuit in September 2006, said that states have an interest in keeping “non-viable” candidates off the ballot. The 3rd circuit didn’t explore the philosophical implications of its conclusion, nor did it cite any authority for that view. The rehearing request for Rogers v Cortes is still pending. If the rehearing request is granted, attorneys for the political party-plaintiffs in that case can make good use of Professor Gardner’s excellent article.
Congressman Tom Davis (R-Virginia) says he will soon re-introduce the bill that would expand the membership of the U.S. House of Representatives from 435 to 437, with a voting seat for the District of Columbia, and a 4th seat for Utah. His staff estimates the bill will be introduced at the end of January. In the last Congress, the bill (which failed to advance) was HR 5388. This year, Committee chairs John Conyers in the House and Joseph Lieberman in the Senate say they support the bill, as does Speaker Nancy Pelosi.
Oklahoma State Senator Kenneth Corn, and State Representative Neil Brannon have said they will introduce a bill in 2007 to repeal Oklahoma’s straight-ticket ballot device. Both are Democrats. The Oklahoma legislature won’t convene until February 5, 2007. That makes at least 4 states in which attempts will be made to end straight-ticket devices. The others are New Hampshire, Kentucky and Texas.
The Maryland Libertarian Party has finished its petition drive to be back on the ballot, and submitted the petition. This is the fifth petition that has been submitted around the USA in the last thtree months, to gain or regain party status. The others have been the Constitution Party in North Dakota, the Green Party in Maryland, the Libertarian Party in North Dakota, and the Independent Party in Oregon. It is very unusual for parties to submit such petitions for an election so far in the future (i.e., 2008), but it shows that people are already energized for that election.
