Options for GOP with Gallegly Withdrawal

On the last day to file to run in the primary, Congressman Elton Gallegly (Rep. CA-24) stunned many people, including his staff, by announcing that he will not run for reelection for health reasons. Gallegly claimed he misunderstood California election law. From the LA Times: "Gallegly's attorney, Michael Bradbury, said the congressman thought the filing period would be extended five days if he pulled out of the race." And The Hill reports that Gallegly "is pushing for a five-day filing extension." Others have speculated that "Gallegly chose to announce his retirement at the last minute to block Republican rival Tony Strickland, a former assemblyman who is running for state comptroller, from switching to the House race."

Here is what California law provides about candidate withdrawals after the filing deadline: Elections Code 8800 bars candidates (such as Gallegly) who filed for a primary to withdraw the name prior to the election. So Gallegly's name will appear on the ballot. (See also section 8809: "Whenever a candidate has declared a candidacy for a primary election, the candidate's name shall be printed upon the ballot for the primary election, unless the candidate has died, and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of the election.") Section 8805 allows the party to fill a vacancy on a primary ballot that occurs because of the death of a candidate on or before the date of the election. There are no other reasons given to allow a withdrawal, so a court would have to craft some kind of addutional exemption, which seems dubious to me given how the rules clearly contemplate that there will be withdrawals besides for reasons of death, but there are no other exemptions granted by the code.
The main alternative for the GOP, if it does not want the only remaining GOP candidate to win the GOP nomination is for someone (perhaps Tony Strickland) to run a write-in campaign. But section 8800 appears to bar Strickland's withdrawal from his nomination for state comptroller, and section 8003 provides that a candidate cannot run for two offices simultaneously. Perhaps Strickland can make an argument that the federal and state elections are two separate elections, but I haven't found any authority for that position. Of course, if Strickland withdraws from the state comptroller's race, the same dynamic will occur there with any potential replacement candidates.

"Boehner: Internet Bill to Get Vote Soon"

Roll Call offers this report (paid subscription required), which begins: "In round two of a divisive fight, House lawmakers will once again take up legislation this week to determine whether Internet communications, ranging from paid advertisements to Web logs, should be free from campaign finance regulations."

"Tricks of virtual redistricting"

Lani Guinier and Gerald Torres have written this Boston Globe oped, which begins: "DURING ORAL arguments on the Texas redistricting case March 1, Chief Justice John Roberts asked the lawyer for the Mexican-American appellants: ''What's the difference between "'being one" and '"ooking like one?"'" Another snippet: "Frankly, though, it is the game of redistricting that is mistaken. At the heart of Roberts's question is a profound tension between the rights of politicians and the rights of voters. Should voters trust politicians to decide who best represents the interests of Latino voters in this case, or all voters more generally? Should it be entirely up to the state to decide the difference between ''being one' and ''looking like one'? No. The voters, not the politicians, should decide. Districts should reflect linked fates, not linked faces."

"Condit's son elusive in FPPC suit"

The Sacramento Bee offers this report, which begins: "Chad Condit is proving to be an elusive defendant.
The doggedly loyal son of former Congressman Gary Condit, Chad Condit is now a target of a $2.4 million lawsuit filed by California's political watchdog agency, the Fair Political Practices Commission. The regulators claim Condit and his sister Cadee illegally pocketed money raised by their father. But in the two months since the FPPC filed the civil lawsuit, officials have been unable to reach Chad Condit and deliver to him the necessary legal papers."

"Democrats questioned over money exchange"

The Boston Globe offers this report, which begins: "HONOLULU --Why would Democrats in Hawaii give money to a U.S. Senate candidate in Rhode Island? Two recent donations to and by the Hawaii Democratic Party raise questions over whether there was an effort to circumvent federal election laws to help elect Rhode Island Secretary of State Matt Brown to the U.S. Senate."

Gerry Hebert the Bailout King

The Richmond Times-Dispatch offers a report on more Virginia jurisdictions seeking to bailout from coverage under section 5 of the Voting Rights Act. So far, I believe attorney Gerry Hebert has handled all of those bailout requests.

Michelman Decides Not to Run In Pa. as an Independent Candidate for Senate

Here is her oped explaining her reasons for not jumping into the Santorum-Casey race. I had expected a mention of the possibility of becoming a spoiler candidate, but that does not appear in the oped.

"Money's Going to Talk in 2008"

The Washington Post offers this report, which begins: "Michael E. Toner, the chairman of the Federal Election Commission, has some friendly advice for presidential candidates who plan to be taken seriously by the time nominating contests start in early 2008: Bring your wallet. 'There is a growing sense that there is going to be a $100 million entry fee at the end of 2007 to be considered a serious candidate,' Toner said in a recent interview."

Private Panel Recommends Overhaul of UK Elections

Kieran Wiliams e-mails:

An independent commission has released a major audit of British elections and made several recommendations, inc. the shift toward a more proportional electoral system, more public funding of parties, a cap on individual donations (at 10,000 pounds, which to American ears still sounds very generous), lowering the voting age to 16 (which has been seriously debated there), automatic voter registration, and introducing the initiative (the government currently has a monopoly on referenda). The full report and a summary can be downloaded from this link. Even if none of the recommendations are implemented, the study is a good account of the status quo.

"The Redistricting Thicket; Do Texas Dems have a prayer with the Supremes?"

Dave Denison has written this article for the Texas Observer.

"Are U.S. Elections Getting Better or Worse? Is the Help America Vote Act Working?"

This conference, sponsored by the American University,Center for Democracy and Election Management and the Carter-Baker Commission on Federal Election Reform, will take place on March 29 in Washington DC. According to an e-mail I received, speakers include "Commission members, Members of Congress, and scholars." I assume "Commission" is Carter-Baker, not EAC.

"Ohio Voters Want Competitive Elections:Redistricting Reform Critical to Restoring Competition"

The Reform Institute has issued this press release. A snippet: "The Tarrance Group poll, conducted for the Reform Institute, shows that that 70 percent of Ohio voters support either the idea of 'balance' or 'competition' in congressional and legislative races. The poll also showed over 50 percent of voters from different political parties (Republican, Democrat, non-affiliated), as well as different self-identified ideological positions (conservative, moderate, liberal) support more competition in elections instead of keeping things the way they are."

"Dems' primary suit worth watching"

Steve Rankin has this letter in the Mississippi Clarion Ledger.

Expect Controversy Over the FEC's New Solicitation Rules

See Bob Bauer's recent post.

-- 
Rick Hasen 
William H. Hannon Distinguished Professor of Law
Loyola Law School 
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