Tom Steyer Asks California Secretary of State to Exclude Eric Swalwell from the California Ballot on Residency Grounds

On March 5, an attorney for Tom Steyer, a California Democratic candidate for Governor, asked California Secretary of State to examine the residency of Eric Swalwell, another Democratic candidate for Governor. See the letter that sets forth the case that Swalwell does not meet the 5-year California residency requirement.

There virtually are no residence requirements for candidates for Congress, but the U.S. Constitution does permit states to have duration of residency requirements for state office. The California Constitution residency requirement dates from the 19th century. In 1973 the U.S. Supreme Court summarily affirmed a lower court ruling that New Hampshire is permitted to have a seven-year duration of residency requirement for candidates for State Senate. Sununu v Stark.

A California voter, Joel Gilbert, has filed a lawsuit in Sacramento Superior Court against the Secretary of State, aimed at forcing the Secretary of State to make a decision about Swalwell’s residency. It has a hearing March 23 at 9 a.m. Gilbert v Weber, 26 WM 000011.

Meanwhile Swalwell has filed a federal lawsuit against the federal government for making his mortgage documents from Washington, D.C., public. The documents show that Swalwell claims his home in Washington, D.C., as his primary residence. Swalwell v Pulte, 1:25cv-4125.

San Jose Mercury News Carries Story Asking if California Will Change from a Top-Two System to Something Else

On March 6, the San Jose Mercury-News carried this story, asking if California is likely to change its top-two system to something else.

The story erroneously says California had a closed primary before top-two started in 2011. This is not true. For 2002, 2004, 2006, and 2008, California had a semi-closed primary for congress and partisan state office. In all those elections, both the Republican Party and the Democratic Party let independent voters vote in its non-presidential primaries.

Supporters of Missouri Referendum on Redistricting Say Counties have Already Virtually Determined that Petition is Valid

On March 5, supporters of a Missouri referendum concerning U.S. House districts said data from the various county election offices shows they have enough valid signatures statewide and also in five of the eight U.S. House districts. They need enough valid signatures in any six U.S. House districts. See this story.

If the Secretary of State would acknowledge this data, then the old districts would be in effect in the 2026 election. However, he does not.

U.S. Senator Steve Daines of Montana Responds to Criticism for Not Revealing His Plans to Retire Until Primary Filing Had Closed

U.S. Senator Steve Daines (R-Montana) in this article responds to criticism that he didn’t tell anyone that he was retiring until minutes before the primary filing deadline closed. See this story.

Fortunately, in 2012, an independent candidate in Montana won a federal lawsuit against the old petition deadline for independent candidates. Kelly v McCulloch, cv-08-25, struck down the old independent candidate petition deadline, which had been the same day that primary candidates file. The legislature then changed the independent deadline to one week before the primary. That gives a chance for an independent candidate to enter this year’s Senate race.