Subject: Electionlawblog news and commentary 8/11/06 |
From: Rick Hasen |
Date: 8/11/2006, 7:20 AM |
To: election-law |
Richard Winger of Ballot Access News reports:
On August 9, California Superior Court Judge Gail Ohanesian refused to place several major party nominees on the November ballot. Sonoma County Republican Party v McPherson, 06-cs-01078, Sacramento. The candidates had each polled a substantial number of write-ins in the June 2006 primary, and no one was running against them for their own party's nomination. But none of them got enough write-ins to fulfill California Election Code section 8605, which requires a write-in total equal to 1% of the vote for that office in the last general election. It is somewhat likely that there will be an appeal.
Judge Ohanesian said that Proposition 60, which is part of the California Constitution, and which says that parties cannot be denied the ability to have the person who got the most votes in their own primary placed on the November ballot, was never intended to apply to this situation. However, California case law is very clear, that legislative intent is irrelevant when the words of the Constitution are clear.
CQPolitics.com offers this
report.
A snippet: "Despite the district's typically strong Republican
leanings, the GOP faces a very difficult challenge to defeat the strong
takeover bid by Democratic former Rep. Nick Lampson with a write-in
campaign, even if just one strong Republican candidate is running. Bids
by more than one strong contender likely would split the write-in vote
and render the party's effort futile."
The Columbus Post-Dispatch offers this
report from Ohio.
AP offers this
report. See also this
column by Carlos Guerra, "Texas redistricting pleases no one, may
bring surprises."
Allison Hayward has posted this
draft on SSRN
(forthcoming Cato Supreme Court Review). I very much want to read this
as I'm writing my own article on the Vermont case. Here is the abstract:
This Essay argues that, even were one to grant the existence of a class of decisions that are "superprecedents," Buckley v. Valeo is a poor candidate for that classification. It first reviews the Randall and Wisconsin decisions from this Term, and how they use the Court's campaign finance precedents. It then discusses what might be meant by "superprecedent" and how a superprecedent might be identified. Then, looking at Buckley's history, analysis and application, it discusses whether Buckley should be classified as a superprecedent, and answers that question "no." Finally, it revisits what Buckley-type thinking has done to campaign finance regulation, and makes some preliminary suggestions for how, if the opportunity presents itself again, the Court might rework its analysis.
Brad Smith has this
interesting new post. There is much in this post with which I agree.
The Sacramento Bee offers this
news update, suggesting that term limits and redistricting reform
may indeed be put before California voters this November.
The NY Times offers this
editorial.
-- Rick Hasen William H. Hannon Distinguished Professor of Law Loyola Law School 919 Albany Street Los Angeles, CA 90015-1211 (213)736-1466 (213)380-3769 - fax rick.hasen@lls.edu http://www.lls.edu/academics/faculty/hasen.html http://electionlawblog.org