Courts & Law

Hawaii Special Session for SB1 – Hawaii Marriage Equity Act begins today

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Posted by AzBlueMeanie:

I know that "Birthers" think Hawaii is some exotic foreign country rather than the 50th state, and the American media tends to disregard news from Hawaii because its time zone does not coincide with their broadcasts or print deadlines, but there is news happening in Hawaii this week that deserves the media's attention. Here is the Honolulu Star-Advertiser today:

Star-Advertiser

The Special Session of the Hawaii Legislature for SB1 – Hawaii Marriage Equity Act begins today.
Fervent assemblies precede session (subscription required).

The Hawaii Reporter does not require a subscription. Senate Committee on Judiciary and Labor to Hold Hearing on Marriage Equality Bill:

The Senate Committee on Judiciary and Labor will hold a hearing on Senate Bill (SB) 1, Relating to Equal Rights, on Monday, October 28, 2013 at 10:30 a.m. at the State Capitol Auditorium.

The hearing will follow the convening of the Second Special Session of 2013 called by Governor Neil Abercrombie.

“Listening to public input, we’ve strived to strike a balance between
the concerns expressed by both sides of this issue,” said Senator
Clayton Hee, Chair of the Senate Committee on Judiciary and Labor. “We
have also done our best to provide the public with ample opportunity to
review the measure posted online to offer further input. Everyone
wishing to participate may do so by submitting testimony.”

Hawaii Special Session begins on Monday for SB1 – Hawaii Marriage Equity Act

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Posted by AzBlueMeanie:

EqualHawaii Governor Neil Abercrombie has called for a Special Session of the Hawaii Legislature beginning on Monday for SB1 – Hawaii Marriage Equity Act.

State Rep. Richard Lee Fale has posted the following information about the Special Session. October Special Session Update:

My office has received a lot of calls about the special session that
the governor has called, beginning October 28. This communication is
going out to answer questions about how you can be involved in the
scheduled special session. I want to be clear, I do not agree with the
Governor's decision to call a special session. I believe it is a
reckless and forced attempt to push major legislation without ample time
for review and public input. That being said, the constitution allows
the governor to call a special session. Therefore, if you want to have
your voice heard on the same gender marriage issue, you will need to
speak up during this special session.

How to Submit Testimony

If you are interested in submitting testimony on SB1- Hawaii Marriage Equity Act here are some guidelines:

  1. Testimony needs to be submitted BEFORE 10:30AM Sunday, Oct 27.
  2. Testimony can be submitted to the Senate Judiciary Committee. You will first need to create an account on the www.capitol.hawaii.gov website.
  3. Click here to create an account, so that you can submit testimony.
  4. Click here for hearing notice instructions and links. Testimony may be submitted by email, fax, or on the Internet.

Committees that will hear Senate Bill 1 (SB1)

Senate Bill 1 – SB1 – Hawaii Marriage Equity Act is scheduled to be
heard by the following committees. You can also express your views on
SB1 by contacting the members of the following committees:

  • Senate Committee on Judiciary and Labor
    Clayton Hee, Chair
    Click here for the members of this committee.
  • House Judiciary Committee
    Click here for the members of this committee.
  • House Finance Committee
    Click here for the members of this committee.

Nightmare scenario: no campaign finance limits

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Posted by AzBlueMeanie:

Craig McDermott posted about the Court of Appeals ruling in Arizona Citizens Clean Elections Commission, et al. v. The Honorable Mark H. Brain, and real parties in interest (.pdf) earlier in State appeals court blocks higher campaign contribution limits.

Howard Fischer from Capitol Media Services has a report in the Arizona Daily Star this morning (the online link is not working) captioned "Appellate court orders new review for campaign-finance limits," which lays out a nightmare scenario for anyone concerned about the corrupting influence of unlimited money in political campaigns:

Screenshot from 2013-10-25 06:22:06In a formal opinion, the judges reaffirmed their earlier order keeping the current limits in place, saying there is evidence legislation pushed through by Republican lawmakers earlier this year increasing campaign donation limits violates a constituional provision.

But the court also sent the case back to the trial judge, directing Maricopa County Superior Court Judge Mark Brain to consider claims by lawyers for Republican legislative leaders that the old limits — the ones the appellate court just restored — are so low as to violate the First Amendment rights of candidates annd donors. [A favorite argument of the Goldwater Institute.]

That raises the possibility the old limits could be declared unconstitutional. And if the new limits were improperly enacted, there might be absolutely no cap on how much individuals and political action committees could give, or how much candidates could accept.

State appeals court blocks higher campaign contribution limits

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By Craig McDermott, cross-posted from Random Musings

…At least until the inevitable appeal by the Republican political leadership…

In a curiously-worded ruling, the Arizona Court of Appeals blocked the hugely increased campaign contribution limits passed by the legislature in HB2593. 

At least, they're blocked for state-level candidates.

Under the provisions of HB2593, limits on individual contributions to a political candidate were raised from $450 (local and county races), $440 (legislative races), and $912 (statewide races) to $5000,
and aggregate limits, the total that an individual may give to
candidates and political committees that give to candidates went from
$6390 to no limit.

The ruling from the Court is more than 30 pages long, but the "money" line (so to speak 🙂 ) is the last one –

Ken ‘Birther’ Bennett wants the non-existent EAC to modify federal voter registration form

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Posted by AzBlueMeanie:

Earlier this week, the Pew Data Dispatch examined The Cost of a Two-Tiered Election in Arizona.

I am guessing that Arizona Secretary of State Ken "Birther" Bennett also read this report, because he has changed his mind about maintaining a dual voter registration system in Arizona. Bennett wants court to mandate modification to federal election forms:

Not willing to maintain a dual registration
system, Secretary of State Ken Bennett wants a court to order the
federal Election Assistance Commission to modify its voter registration
forms to demand proof of citizenship.

In legal filings Wednesday, Bennett said he needs an immediate
order to ensure that Arizona — and Kansas, which is seeking the same
relief — are not denied “their sovereign and constitutional right to
establish and enforce voter qualifications.” Without the order, Bennett
said the state will forced to register "unqualified" voters. [Those who do not submit proof of citizenship under Arizona law.]

* * *

Bennett contends that [a dual voter registration system] will be “unduly burdensome.” So he wants a
federal judge in Kansas who is hearing the case to order the Election
Assistance Commission to add a proof-of-citizenship requirement for the
voter-registration forms it has for Arizona.

And Bennett and Kris Kobach, his Kansas
counterpart, want that to happen soon, seeking a hearing on Nov. 12 or
shortly thereafter.