Top Two Primary

Before I get on the plane tomorrow, here's a few short items that I missed this week.

THE UNINTENDED CONSEQUENCES OF OPEN PRIMARY: Under Washington state's "top two" open primary law, candidates are permitted to list their own party preference on the ballot. But Democrats, believing that the Republican gubernatorial nominee is obscuring his unpopular party affiliation with a ballot reference to GOP, went to court to demand that the Republican be listed as a Republican.

VOTING OF THE FORECLOSED: In the most important political story of the week not related to the Wall Street bailout, there are signs that voters who lost their homes to foreclosure and haven't changed their address on voter registration documents may be systematically challenged at the polls -- to prevent them from voting -- by Republican operatives.

USDA ADS STOPPED: The U.S. Department of Agriculture had been running ads that seemed designed to oppose Prop. 2, the California ballot initiative to regulate how farm animals are confined. This week, a federal judge told the agency that, as a government agency, it couldn't take sides in a campaign.

Sponsors of an Oregon initiative to establish a "top two" primary, the U.S. Supreme Court-friendly version of the non-partisan or "open" primary, began to turn in signatures Friday.  In a top-two primary, all candidates appear (with party affiliations if their party is formally recognized by the state) on the primary ballot. The top two vote getters advance to the general election. (Ballot Access News, via ballotpedia).

TOO COOL FOR SCHOOL: Here's an important and under-reported story: Nevada's schools will be closed on Election Day in November. That should boost turnout in a swing presidential state. And it also could give a boost to the Nevada teachers' unions, who are attempting to raise gaming taxes to boost education funds. Not having to teach that day will boost turnout. Also, about 800 of the poll workers could be students, says the state's registrar of voters. In related news, a Nevada judge rules that two measures to tax gaming to provide funds for education can remain on the ballot. The judge thinks they make little sense, but says that the voters have the right to decide that for themselves.

AG'S DOMAIN: Some agriculture interests are getting aggressive in opposing Prop 98, one of the two measures on June's California ballot that would put restrictions on eminent domain. The Sacramento Bee says that this represents a divide in the agriculture community, since the California Farm Bureau is one of the initiative's backers. (Prop 98's restrictions include tigher limitations on using condemnation for private purposes and on retn control than its competitor, Prop 99).