The U.S. Postal Service promulgated a new regulation on December 1, 2005, allowing petitioning on sidewalks that are parallel to streets. Petitioning on sidewalks that go from a parking lot to the door of the post office is still illegal, but the constitutionality of that ban is now back in U.S. District Court. The new regulation says that people can stand on any sidewalks and ask people to sign, but the person holding the clipboard must be on a sidewalk that is parallel to the street, not on an interior sidewalk.
On December 20, a state court in Illinois granted an injunction, requiring elections officials to place three candidates on the ballot, even though they missed the statutory filing deadline. The three candidates are incumbent judges, seeking to appear in a retention election (an election in which voters vote “yes” or “no” on that judge). The Illinois Constitution sets a much later deadline than the statute does. The court found a substantial likelihood, therefore, that the statutory deadline is unconstitutional. O’Brien v Bellows, 05-coel-0036.
On December 20, the Arizona Secretary of State announced new registration data, as of November 1, 2005. Parties that did not poll 5% for president in 2004 needed to keep their registration above two-thirds of 1%, at this tally, to be on the 2006 ballot. The Arizona Libertarian Party needed 17,764 registrants to remain on, and has 18,476. No other minor party is on the Arizona ballot, although any new party could get still get on by petition.
On December 20, U.S. District Court Judge Mark Kravitz, a Bush Jr. appointee, ruled that the U.S. Constitution does not require states to permit same-day voter registration. ACORN v Bysiewicz, 3:04-cv-1624.
On December 20, the daily newspaper of Eugene, Oregon ran this op-ed against the “top two” primary initiative now circulating in that state.