Voters in 9 States Voting on Election Law Changes

Posted on by October 30, 2006
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Voters in 9 states are voting on ballot measures that would alter election laws. Instant-Runoff Voting is being considered in two cities in California (Oakland and Davis), Minneapolis, and Pierce County, Washington (which includes Tacoma).

Massachusetts is voting on whether to legalize fusion and make it easier for minor parties to remain ballot-qualified.

Rhode Island is voting on whether to let ex-felons who have been released from prison to register to vote, even if they are on parole or probation.

California is voting on whether to implement public funding for candidates for state office. The formula is discriminatory in favor of Republican and Democratic candidates, as opposed to all other candidates.

Arizona is voting on whether to use all-mail voting, as Oregon currently does.

Florida voters will decide whether to require all ballot measures to receive 60% in order to pass, but Colorado is deciding on whether to make it easier for initiatives to qualify (by somewhat relaxing the “same-subject rule”). Oregon is voting on legislative term limits. Thanks to Professor Michael McDonald for most of this information.

6th Circuit Blocks Lower Court Stay on Ohio ID for Absentees

Posted on by October 29, 2006
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Federal courts in Ohio took the rare action of issuing orders on a weekend, October 28-29. As reported earlier, a U.S. District Court had blocked Ohio’s law on ID for absentee voters. One reason for this is that Ohio drivers licenses have two distinct numbers on them, one in large print and one in small print. Ohio requires absentee voters (voting by mail) to include the smaller-print drivers license number (not all counties have been enforcing this law). Many absentee ballots were being rejected because they were accompanied by the larger-print number on the drivers license instead of the smaller-print number.

Secretary of State Ken Blackwell decided not to fight the stay. However, Ohio’s Attorney General then filed an appeal of the stay anyway, saying he was representing the legislature, not the Secretary of State. The Attorney General’s appeal to the 6th circuit was filed after hours on Friday evening, and it was accepted by the 6th circuit on Sunday, October 29. The 6th circuit said it would explain its action later.

Wyoming Libertarian for Congress at 5% in Poll

Posted on by October 29, 2006
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The Wyoming Tribune-Eagle published a poll on October 29 for the U.S. House seat. The results: Republican Barbara Cubin 44%, Democrat Gary Trauner 40%, Libertarian Thomas Rankin 5%, undecided 11%.

The Libertarian Party is the only party that has been on the ballot for US House in Wyoming since 1988. The party’s past showings for that office have been: 1988 1.1%, 1992 2.9%, 1994 5.5%, 1996 3.9%, 1998 3.5%, 2000 3.0%, 2002 3.3%, 2004 2.8%.

Party Rights Victory in Maine

Posted on by October 29, 2006
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On September 7, the Maine Supreme Court ruled that parties are free to choose substitute nominees who are not members of that party. In July 2006, the Republican who had won the primary for State Senate, district 10, had resigned. The Republican Party then tried to replace him with John Arsenault, who was a Democrat (however, he was in the process of changing his registration to “Republican”). Maine’s Secretary of State, a Democrat, refused to allow the replacement. However, the Court ruled that no law prohibits a qualified party from choosing a non-member as a replacement nominee. Arsenault v Secretary of State, 905 A 2d 285.

The Court did not mention that in 1986, the US Supreme Court had said in Tashjian v Republican Party of Connecticut that the First Amendment protects a party’s right to nominate a non-member.

California High School Mock Vote Results

Posted on by October 28, 2006
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California has a program under which high schools and middle schools (grades 7-12) may study a current election, and then the students vote in a mock election. The Secretary of State received these results this year on October 24, and his web site now shows the statewide results. 545 schools, with 235,547 participating students, voted as follows for Governor and US Senator:

Governor: Democratic 34.5%, Republican 32.7%, Peace & Freedom 15.6%, Green 8.9%, Libertarian 4.8%, Constitution 3.5%.

US Senator: Democratic 38.5%, Republican 22.0%, Peace & Freedom 17.5%, Green 11.4%, Libertarian 6.1%, Constitution 4.5%.

The Peace & Freedom Party has women candidates for both offices. All of the other candidates for these offices, except the Democratic candidate for U.S. Senate, are men. Thanks to Irv Sutley for this information.