The American Democracy Minute Radio Report & Podcast for May 21, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

How’s this for cruel irony:   Arizona anti-voter legislators are proposing voters pass their legislative constitutional ballot question this November to make it harder for voters to get a citizen ballot initiative on the ballot.  

Currently, an Arizona citizen ballot question requires statewide signatures from 10% of registered voters for a state statute, and 15% for a constitutional amendment.  But in 2023, the Arizona legislature passed the Arizona Distribution Requirement for Initiatives Amendment. This ballot measure changes the rules for citizen ballot questions, requiring, for a state statute, that signatures come from 10% of the number of voters who voted for in the previous governor’s race, AND requiring they come from EACH legislative district in the state.  For constitutional amendments, it’s 15% from each district.

Arizona pro-voter groups say such a requirement adds huge costs by requiring hundreds more signature gatherers to reach into Arizona’s rural legislative districts, with fewer voters and commerce centers.  

Another 2024 legislative ballot measure aims to raise the threshold to pass a constitutional amendment to 60%.  Ohio recently failed to use threshold and signature distribution requirements to head off a reproductive rights amendment.  

And even if advocates gather enough signatures, opponents are using a new financial intimidation tactic to discourage ballot questions.  More on that tomorrow.  

Read more at AmericanDemocracyMinute.org.  I’m Brian Beihl

Today’s Links

Articles & Resources:
Arizona Legislature – Text of SCR 1015
BallotPedia – Arizona Signature Distribution Requirement for Initiatives Amendment (2024)
Arizona Mirror – Resolution would make passing constitutional amendments more difficult
Brennan Center for Justice – Politicians Take Aim at Ballot Initiatives
Bolts Magazine – Arizona Republicans Set Up a Ballot Measure to Squash Future Ballot Measures

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#Democracy  #DemocracyNews #DirectDemocracy 

The post Arizona Anti-Voter Legislators Up Their Game to Quash Citizen Ballot Initiatives appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Oct. 26, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Four rules governing partisan poll challengers in Michigan’s election official handbook will have to be removed or enacted by the legislature, according to a Michigan appeals court.  

Poll challengers are official political party representatives who observe the counting process in the secure area, unlike public poll observers, who must watch from a designated viewing area.   

According to reporting by Michigan Live, the new rules in question were written into Michigan’s official election rules manual for the May 2022 update.   These included requiring state registration of poll challengers in advance, when party credentials were previously used and challengers could be appointed on election day; limiting challengers to speaking only with a designated “liaison”; bans on cell phones in the absentee ballot counting area; and removal of challengers for repeated “impermissible” challenges,  reasons other than the voter’s eligibility or ballot deficiencies.

After a poll challenger was removed for allegedly harassing Detroit election officials under the new rules, the Republican party sued. The court found the state’s rules had exceeded the Secretary of State’s authority.   Michigan Secretary of State Jocelyn Benson appealed, but the higher court upheld most of the lower court’s ruling.

State officials must now reissue a corrected handbook, removing the new rules not specified in Michigan election law.   We have an explanation of the role of poll observers at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Bridge Michigan – (2022) Michigan court scuttles new election challenger rules. Benson to appeal
Michigan Live – Michigan’s poll challenger rules must be changed, court rules
Democracy Docket – Michigan Judge Strikes Down Election Challengers Regulations
U.S. Election Assistance Commission – Poll Watchers
Michigan Secretary of State – (As of 10/25/2023) Election Challengers and Poll Watchers:  Summary of Rights and Duties

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #ProtectElections #PollWatchers

The post State Appeals Court Upholds Ruling Striking Down Four Michigan Rules Governing Partisan Poll Challengers appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for May 2, 2023

Today’s Script:  (Variations occur with audio due to editing for time)
(Today’s Links now located below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We reported yesterday on the blatantly partisan decision by the North Carolina Supreme Court to throw out its own 2022 decision and give license to the state legislature to gerrymander at will.  That decision ALSO impacts the Moore vs. Harper “independent state legislature” case in the U.S. Supreme Court.

Expecting the North Carolina high court would overturn Harper v. Hall, the nation’s high court asked for additional briefs in early March to decide whether to proceed with Moore v. Harper, the new case name of the challenge to Hall.

The argument used in Harper made it a case with sweeping national implications.  Using a shaky theory dismissed by most constitutional scholars, the North Carolina legislature argued that as an “independent state legislature” they were granted ultimate control over most federal election rulemaking – including redistricting and voting. 

When the case was heard in late 2022, the theory was met with skepticism from a majority of justices, with the exceptions of Justices Gorsuch, Alito & Thomas, and to some extent, Kavanaugh.  The general consensus among court observers suggests that with the overturning of Harper v. Hall, the U.S. Supreme Court will likely dismiss Moore v. Harper.

Don’t breathe easy just yet.  Other SCOTUS scholars suggest the conservative majority may look for another case to test the theory in a future term.

We have articles and groups taking action at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
Brennan Center – Moore v. Harper, Explained

Charlotte Observer – (Opinion) In NC’s Supreme Court case, the least bad outcome is still really bad
Democracy Docket – North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority
Democracy Docket – Parties in Moore v. Harper Submit Additional Briefing to U.S. Supreme Court
The Atlantic – The Court Is Likely to Reject the Independent State Legislature Theory
Slate – Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be Moot
Justia/Verdict – (Opinion) The Court Should Maintain Optionality in Resolving the So-Called “Independent State Legislature” (ISL) Theory by Granting Cert. in Huffman v. Neiman Right Away as the Justices Chew on Whether Moore v. Harper is Moot

Groups Taking Action:
Public Citizen, Common Cause, League of Women Voters, Union of Concerned Scientists, Human Rights Watch, ACLU, Alliance for Justice

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Find all of our reports at AmericanDemocracyMinute.org

#Democracy  #DemocracyNews #MoorevHarper #Gerrymandering

The post North Carolina Supreme Court’s Harper v. Hall Decision May Impact an Even Bigger Case:  Moore v. Harper appeared first on American Democracy Minute.