Arizona Supreme Court Construes Law to Allow Initiative Backers to Pay Bonuses to Productive Petitioners

Posted on by June 23, 2023
6

On June 21, the Arizona Supreme Court released an opinion in Arizona Petition Partners LLC v Thompson, CR-22-0154. It said that existing Arizona law does not ban paying initiative circulators a bonus if they are high producers. Also, the law does not ban paying high-producers a higher hourly wage.

The state court of appeals had ruled that the law does ban bonuses, and does ban paying a higher wage to high-producers. It had then declared the law to be so restrictive as to be unconstitutional. But because the State Supreme Court did not interpret the law to be highly restrictive, it said the law is constitutional.

So, it is still illegal to pay initiative circulators on a per-signature basis in Arizona, but there are ways for initiative proponents to reward high-performance workers. The opinion is twelve pages and is unanimous.

See the First Virginia Government Ballot Using Ranked Choice Voting

Posted on by June 22, 2023
34

On June 20, Arlington County, Virginia, used ranked choice voting for the Democratic primary ballot for County Board. Here is the ballot. Scroll down to see the County Board section. This is the first ranked choice voting ballot in the history of Virginia government ballots. Six candidates were running for the Democratic nomination; two were to be chosen.

Ohio Bills for Partisan Registration

Posted on by June 22, 2023
22

Two bills have been introduced in the Ohio legislature to add a question about political party membership on the voter registration form. HB 208 has seven sponsors; see it here. It was introduced June 7.

The other bill is HB 210. See it here. It has eight sponsors. The chief difference between the two bills is that HB 210 has a more severe deadline for voters to join a party if they intend to vote in its upcoming primary. HB 210 was introduced June 13.

Both bills would provide for a write-in line, so that a voter could register into an unqualified party by writing it in.

Neither bill has made any headway so far. If either one passed, Ohio would switch from being an open primary state to a closed primary state.

The bills make no provision for a party to tell the state that it wants independent voters to be able to vote in its primary. In 1986 the U.S. Supreme Court ruled that if a party wants to let independents vote in its primaries, it has that right. That case was Tashjian v Republican Party of Connecticut.

Ohio independent candidates are often challenged, on the basis that they have behaved as though they are really party members. Courts that adjudicate these disputes frequently delve into which meetings a candidate has attended, and even details about their spouses. HB 208 would end that. An “independent” would be someone who is registered as an independent.

Maine Bill to Expand Ranked Choice Voting to State Office Fails to Pass

Posted on by June 22, 2023
2

On June 21, the Maine House voted on LD 1917, the bill to alter the State Constitution, so that ranked choice voting can be used for state office in general elections. Although most representatives voted for the bill, it didn’t pass because it needed two-thirds. The vote was 79-65.

Maine uses ranked choice voting for federal office, and for state office in primaries. But it doesn’t use it for state offices in general elections because the Maine Supreme Court ruled a few years ago that the State Constitution doesn’t permit it.