Ohio Senate Passes Proposed Constitutional Amendment To Require Constitutional Initiatives to Receive 60% of the Vote

On April 19, the Ohio Senate passed SJR 2 by a vote of 26-7. All Republicans voted “yes” and all Democrats voted “no.” It says that initiatives to amend the constitution need 60% to pass. It also says that the petition must contain a substantial number of signatures in all 88 counties. And it proposes to put this idea (assuming it passes the legislature) on the ballot in August 2024, at a time when the state has nothing else to vote on.

The clear intent is to change the rules before an initiative that is now circulating can qualify. That proposed initiative concerns abortion.

The House has had a similar bill, HJR 1, but even though it had a hearing on March 22, it has not advanced in the House.

Here is a story about the initiative.

Arizona Secretary of State Files Vigorous Defense of Ballot Line for No Labels

On April 19, the Arizona Secretary of State, Adrian Fontes, a Democrat, filed this brief in Arizona Democratic Party v No Labels. The case is in Maricopa County Superior Court, cv2023-4832.

The brief defends the Secretary of State’s determination that No Labels is a qualified party in Arizona. It points out that the statute contains no provision for anyone to challenge the petition of a newly-qualifying party. It also points out that the law does not demand that affidavits from ten persons (requesting that the new party be recognized) be filed only after the petition is filed. And it makes the point that the wording of the affidavits is not spelled out in the election code.

Finally, it says that even if it were true that the affidavits should not be filed until the petition is complete, No Labels appears to have had enough valid signatures collected before the affidavits were filed.

New York Presidential Primary is Likely to be April 2, 2024

New York still hasn’t decided when to hold presidential primaries in 2024. Josh Putnam has determined that the most likely date will be April 2. Read his analysis here.

In 2020, the New York presidential primaries were on June 23. They were unusually late that year because Governor Andrew Cuomo had cancelled them by executive order, but then a state court ruled he didn’t have the authority to do that, so they were held quite late. In 2016 they were held on April 19.

California Bill to Allow Santa Clara County to Use Ranked Choice Voting for its Own Officers Advances

On April 20, the California Assembly Elections Committee passed AB 1227 unanimously. It lets Santa Clara County use ranked choice voting for elections to elect county officers. The vote was unanimous.

Santa Clara County is the most populous county in northern California. Voters of Santa Clara County approved using RCV in 1998, but it has never been implemented because until 2022, the county’s voting equipment couldn’t handle RCV. But in 2022, the county elections office determined that the voting system software could handle RCV.

No Labels Responds in Arizona Lawsuit Over its Ballot Access

On April 19, No Labels filed a motion to dismiss in Maricopa County Superior Court, in the lawsuit Arizona Democratic Party v No Labels, cv2023-004832. This is the lawsuit filed by the Democratic Party to remove No Labels from the ballot. Also on April 19, the Secretary of State filed a lawsuit to dismiss. In this case, No Labels and the Secretary of State are on the same side. The Secretary of State had already determined that No Labels is a qualified party and is defending his decision in court. Here is the brief of No Labels.

The Democratic Party says the party does not belong on the ballot because its ten officers filed their declarations too early in the process. In Arizona, when a new party petitions for a place on the ballot, ten officers or persons who represent the party must file declarations. The purpose of the declarations is so that the Secretary of State knows who is in charge of the new party. The Democratic Party says that the declarations are not supposed to be filed until the petitioning is complete.