CA is ground zero in latest gay marriage battle
 
A dozen initiatives will appear on CALIFORNIA's election ballot tomorrow, but none has sparked more passion than Proposition 8, which would reverse a state Supreme Court ruling in May granting same-sex couples the right to wed and constitutionally ban same-sex marriage.
 
Similar amendments are on the ballot in ARIZONA and FLORIDA, but some religious conservatives seem to view the CALIFORNIA vote as the prelude to Judgment Day. 
 
"This vote on whether we stop the gay-marriage juggernaut in CALIFORNIA is Armageddon," said Prison Fellowship Ministries founder Charles W. Colson, a former Watergate co-conspirator turned evangelical minister. In a video promoting Prop. 8, Colson said, "We lose this, we are going to lose in a lot of other ways, including freedom of religion." 
 
"It's more important than the presidential election," said Tony Perkins, president of the Family Research Council, a conservative Christian lobby based in Washington, D.C. "We've picked bad presidents before, and we've survived as a nation," he said. "But we will not survive if we lose the institution of marriage." 
 
Colson, Perkins and others say CALIFORNIA sets cultural trends for the country and even the world, and if same-sex marriage becomes entrenched in the state, it will be the beginning of the end. So in recent months preachers across the country have been flocking to the Golden State to take up the cause. One of those, Lou Engle, leader of a prayer ministry in Washington D.C. and MISSOURI who moved to the Golden State with his seven children in September, has been holding large prayer rallies up and down the state, urging attendees to pray and fast for the 40 days leading up to the election. Engle says Prop. 8 is the physical manifestation of a "spiritual battle in an unseen realm" and "the defining moment for the definition of marriage in American history." 
 
In sermons, on highway billboards and in TV ads, Prop. 8 backers have been warning that if the measure doesn't pass, churches that refuse to marry same-sex couples will lose their tax-exempt status, ministers who preach against homosexuality will be jailed and children will be taught about same-sex marriage in school. 
 
Prop. 8 opponents, who include many liberal religious leaders, have dismissed those claims as scare tactics. 
 
"The idea that we would be forced as clergy to perform a marriage that was against our conscience, or that a church would lose its tax-exempt status, is ridiculous," said the Rev. Karen Sapio, minister of a Presbyterian church in Southern CALIFORNIA. "If you look dispassionately at the record, there are a lot of churches with policies that are at odds with civil law," she said, adding, "I have not heard of a single Catholic church forced to marry someone who has been divorced, or a rabbi forced to perform an interfaith marriage or an evangelical church forced to marry a couple who has been living together." 
 
Although the "No on 8" campaign draws support from a broader array of interests — including gay and civil rights groups, unions, Hollywood, liberal religious groups and even large companies like Google — the "Yes on 8" camp had until just recently raised far more money. Not that the Prop. 8 opponents were struggling: As of mid-October, both sides had raised nearly $70 million, far more than all of the other state campaigns to ban same-sex marriage put together. 
 
A poll conducted around the same time by the Public Policy Institute of California showed 52 percent of likely voters opposed the measure, 44 percent supported it and 4 percent were undecided. But the poll's margin of error was plus or minus three percentage points, and leaders on both sides said polls in every other state that has had a marriage amendment on the ballot have significantly undercounted voters who oppose same-sex marriage. 
 
Prop 8. opponents have one other concern as well. This election is expected to draw a record turnout among African-Americans, who have historically opposed same-sex marriage more than any other cultural group. (NEW YORK TIMES, THE ECONOMIST)

States come up short on good government
 
The non-partisan Better Government Association (BGA) has released its 2008 BGA-Alper Integrity Index, which ranks states on the basis of their transparency, ethics and government accountability laws. The latest edition (the index was introduced in 2002) rates the states' performance in five areas of law: open records, whistleblower protections, campaign finance, open meetings, and conflicts of interest. The five top-ranked states, NEW JERSEY, RHODE ISLAND, HAWAII, WASHINGTON and LOUISIANA, generally scored better than the rest of the states in all five categories of law, while the bottom five, MONTANA, TENNESSEE, ALABAMA, VERMONT and SOUTH DAKOTA, generally scored worse across the board. But with the highest-ranked state, NEW JERSEY, earning a combined score of only 65 percent, the association said there was room for improvement in all states.

BEAR MARKET MAULS STATE PENSION FUNDS: At the start of this fiscal year, CALIFORNIA's public pension fund — the largest in the nation — held $239 billion in assets, mostly stocks. As of late last month, the California Public Employee Retirement System's (CalPERS) portfolio was worth $185 billion, about 23 percent less. But while no other state's retirement fund may have bled $54 billion in the last four months, CALIFORNIA isn't the only one that has been ravaged by the bear market. 
 
The VIRGINIA pension fund has dropped about 20 percent, from $55 billion to $44 billion, since July 1. MARYLAND's was down 17 percent for the year that ended Sept. 30 — before the stock market plunged another 20 percent. And according to the investment company Northern Trust, public pension funds overall dropped 14.8 percent over that same twelve-month period. 
 
"We expect this is going to be the worst year we've seen since we've been tracking the funds," said William Frieske of Northern Trust Investment Risk and Analytical Services, which has been watching the funds since 1994. "It's got all the hallmarks of a bad — really bad — year." 
 
Even before Wall Street's crash, many pension funds were already headed for trouble. The Government Accountability Office reported in July that between 2000 and 2006, the percentage of 65 large pension funds adequately funded to cover future payments to retirees went from 90 to 58. Pension administrators say the rise in shortfalls stems from the market downturn in 2001, as well as an increase in pension benefits and a decline in taxpayer contributions. But some critics charge that another problem is pension administrators have been projecting 8-percent average annual returns for their investments, which may be overly optimistic. 
 
Optimism still reigns. CalPERS believes it will get through the current crisis just as it did the dot-com bust at the start of the decade and may even fare better than it did then. 
 
"We're going to weather the storm and come out better than the last time," said President Rob Feckner, pointing out that although the recent losses are larger in terms of total dollars, they're smaller "percentage-wise." 
 
"Then, we lost $50 billion and made back over $120 billion," Feckner said. "I see us being in the same position this time." 
 
R. Dean Kenderdine, director of MARYLAND's retirement fund, likewise, said: "We anticipate that the market is going to return as it always has. How long that will be is uncertain." He added, "In the meantime, we will continue to meet our obligations to our beneficiaries." 
 
Kenderline and other public retirement fund administrators may get a little help with that from fund accounting practices. Many public pension systems aren't recalculated to determine how much money is needed to adequately fund them until June 30, which will give the market some time to recover. And many funds only recognize gains and losses over a five-year period, to allow for market volatility. 
 
"Pension funds are long-term and designed to ride out short-term volatility," said Keith Brainard, research director for the National Association of State Retirement Administrators. "As with all investors, public pension funds have taken a hit. But they won't have to pay out all of their money next year, either." 
 
For the time being, administrators are likely to be occupying themselves with rooting for bargains in the bear market. As Michael Rosen, a principal with CALIFORNIA-based Angeles Investment Advisors put it, "in this carnage, there are the seeds of some very attractive investment opportunities." (LOS ANGELES TIMES, WASHINGTON POST) 
 
BALLOT MEASURES MAY INCREASE STATES' BUDGET WOES: Tomorrow, over 150 initiatives will appear on state ballots across the country. And some of those measures could place additional pressures on state budgets that are already severely stretched. 
 
Nowhere is the potential budgetary impact of the ballot box greater than in MASSACHUSETTS, where voters will decide whether to do away with the state's personal income tax, which generates about 40 percent of the government's annual revenue. But measures that would reduce or eliminate taxes are also on the ballot in MAINE, NORTH DAKOTA and OREGON. And ARIZONA voters will determine whether to impose tough new restrictions on future ballot initiatives that raise taxes. 
 
CALIFORNIA voters, meanwhile, will consider several ballot initiatives with high price tags, including Proposition 1A, which would authorize the state to issue $10 billion in bonds to help fund a high-speed bullet train between Los Angeles and San Francisco. 
 
With the slowing economy sending tax revenues plummeting, state officials across the country are already scrambling to plug growing budget holes. But supporters of the tax-repeal efforts say they're looking at the current economic crisis from taxpayers' point of view, not state governments'. 
 
"The squeezing of people's pockets is all over the news," said Carla Howell, chair of the Committee for Small Government, which backed MASSACHUSETTS' income-tax repeal measure, Ballot Question 1. "People are suffering home foreclosures, bankruptcy, losing jobs and are fearful of losing their credit lines," she said. "Ending the income tax will give back an average of $3,700 per taxpayer every year, money that families need [now] more than ever." 
 
Opponents of Question 1, including Gov. Deval Patrick (D), who's called it "just a dumb idea," say it would force painful cuts in state services. Nick Johnson, director of the State Fiscal Project at the nonpartisan Center on Budget and Policy Priorities in Washington, D.C., said passage of the initiative would have such a disastrous effect on the state's finances that "it almost defies analysis." 
 
But officials in some states have the exact opposite Election Day concern. For instance, state and local officials in MARYLAND, which is facing a $437 million budget shortfall this fiscal year and a $1 billion deficit next year, have vocally supported a ballot measure that would legalize slot-machine gambling in the Old Line State, potentially generating more than $600 million a year in new revenue. 
 
"It'd be fair to say that local governments in MARYLAND are already feeling the squeeze of economy-driven revenue shortfalls," said Michael Sanderson, legislative director for the MARYLAND Association of Counties. "There are going to be tough decisions ahead at every level of government. A failure of this constitutional amendment would just exacerbate those challenges." (STATELINE.ORG) 
 
BUDGETS IN BRIEF: CALIFORNIA Gov. Arnold Schwarzenegger (R) has scheduled an emergency session for the day after the election. The session will address the budget deficit, the foreclosure crisis and an economic stimulus package (LOS ANGELES TIMES). • Payday lenders have poured $30 million into initiatives on the ballot in ARIZONA and OHIO. The initiatives are targeted at laws that kicked in this year in the two states — where payday-lending branches outnumber Starbucks and McDonalds combined — capping annual interest rates at 36% and 28%, respectively, effectively outlawing payday lenders, whose business model has depended on average annual rates of 391% (WALL STREET JOURNAL). • Reacting to a plan by INDIANA to privatize its state lottery, the U.S. Department of Justice issued an opinion maintaining that states may contract with private management firms to operate their lotteries but must maintain control over the lotteries' major business decisions. ILLINOIS officials fear the ruling may scuttle their multibillion dollar road, bridge and school construction plan (QUAD-CITY TIMES [DAVENPORT]). • RHODE ISLAND officials announced plans last week to raise $350 million by selling short-term bonds to financial institutions, small businesses and residents. State leaders have authorized bond sales for three years running but never directly to state citizens (PROVIDENCE JOURNAL). • The Center on Budget and Policy Priorities reported an inflation-adjusted, median revenue decline of 5.5 percent in the 15 states with available data for the quarter that ended in September. The preliminary figure suggests states could see their biggest revenue decline in more than six years (WALL STREET JOURNAL).

BATTLE FOR NY SENATE MAY BE PRICIEST EVER: As of last week, the candidates and party committees vying for control of the NEW YORK Senate had spent well over $40 million, according to an analysis of campaign filings by the New York Public Interest Research Group. The government watchdog organization estimated that by Election Day, that figure would likely surpass the $43.6 million campaign spending record the state set in 2006. 
 
One reason for the big spending is the closeness of the battle. The Senate is currently split 31-29 in favor of Republicans, with two seats open. Republicans have controlled the Senate for roughly four decades, while Democrats control both the Assembly and the governor's office. Another reason is that Gov. David Paterson (D) has broken with Albany tradition and actively supported his fellow Democrats, transferring nearly $1 million from the state Democratic Party, which he controls, to the campaigns of several candidates in the last few weeks. Then there's the fact that there are 10 seriously contested races this year, significantly more than in past years. On top of that, Republican voter rolls have been declining in the state, and many believe that Barack Obama's coattails could turn out to be pretty long. 
 
Consequently, Republicans have also outspent Dems by as much as 50 percent over the last three weeks, which has helped to fuel their optimism. 
 
"Our fund-raising continues at a record pace, and we're headed toward Election Day with tremendous momentum," said Joseph E. Conway, a GOP campaign spokesman. 
 
Democratic campaign spokesman Austin Shafran countered that "Senate Republicans have spent a lot without getting the results," adding, "For 40 years, the Republican Senate has failed to meet the needs of working families, and now their time is up." 
 
Judging from the last three weeks of campaign finance reports, however, the battle remains tight and fluid. (NEW YORK TIMES) 
 
STOCK MARKET CRASH COULD DOOM BALLOT MEASURES: Wall Street's collapse couldn't have come at a much worse time for supporters of some of the 153 ballot measures on state ballots this week. Election experts say the financial crisis is likely to discourage voters from supporting some of the dozen-plus bond measures on the ballot in eight states, such as CALIFORNIA's Proposition 1A, which would authorize $10 billion in bonds to help fund a high-speed bullet train between Los Angeles and San Francisco. 
 
"The voters are thinking they're going to tighten their belts now, and I expect they're going to think government ought to tighten its belt too," said John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California. 
 
Less certain is what impact the financial crisis will have on tax-cutting measures like MASSACHUSETTS' Question One, which would eliminate the state's 5.3 percent personal income tax by 2010. The measure would necessitate enough government belt tightening to cut off circulation and force the amputation of state services. But it would also mean more money in the pockets of taxpayers. Recent polls show voters oppose the measure by a sizeable margin, but opponents aren't getting complacent, mindful that a similar measure nearly passed in 2002. 
 
"I'm heartened by the polls, but I'm operating as if it's as close as I feared it would be," said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation, a business-sponsored watchdog group that opposes the initiative. 
 
Even more of a puzzler is SOUTH DAKOTA's Measure 9, which would ban the short-selling of stocks, a practice some federal officials say contributed to Wall Street's current woes. The practice is already regulated by the Securities and Exchange Commission, but supporters say the feds don't enforce the ban strongly enough. The measure actually qualified for the ballot about a year ago, drawing a ribbing at the time from one local newspaper, which described the proposal as "baffling and, probably, unnecessary." Now it seems downright prophetic. (WALL STREET JOURNAL, NEW YORK TIMES) 
 
POLITICS IN BRIEF: Despite U.S. Sen. Ted Stevens' (R-ALASKA) conviction last month on seven felony counts of lying on his financial disclosure forms, the Last Frontier State Republican Party is still backing his re-election bid. The GOP hopes doing so will allow it to hold onto the seat even if Stevens eventually resigns, necessitating a special election (NEW YORK TIMES). • The MASSACHUSETTS Senate unanimously passed a resolution asking embattled Sen. Dianne Wilkerson (D) to resign immediately following allegations that she accepted eight bribes worth $23,500 in an FBI undercover operation. Wilkerson, who faces up to 40 years in prison if convicted, refused, saying she will continue her write-in campaign to hold on to her office (BOSTON GLOBE). • Worried about being buried by provisional ballots, county election officials in FLORIDA have broken ranks with Secretary of State Kurt Browning and announced that they'll give voters flagged under the state's "no match, no vote" law who are able to verify their eligibility at the polls regular ballots. Browning wanted 12,000 voters whose registration information didn't match that in state databases to be given provisional ballots (ST. PETERSBURG TIMES). • Also in FLORIDA, in response to historic voter turnout, Gov. Charlie Crist (R) ordered election supervisors last week to extend the hours for early voting, four more hours each weekday and four more weekend hours than currently specified under Sunshine State law (PALM BEACH POST). • PENNSYLVANIA Sen. James Rhoades (R) was killed in a head-on collision over the weekend. A seven-term veteran of the Senate and chairman of the chamber's Education Committee, Rhoades, 66, was running for re-election (STATE NET).

GOVS DISAGREE ON FEDERAL BAILOUT FOR STATES: With state budgets floundering amidst the national economic slowdown, Democratic governors Gov. David Paterson of NEW YORK and Jon Corzine of NEW JERSEY last week urged Congressional lawmakers to approve a second federal stimulus package that would fund state infrastructure projects and prevent social programs like unemployment insurance from running out of money. 
 
In testimony before the House Ways and Means Committee Chairman, Paterson compared the states' dour fiscal situation with the ongoing malaise on Wall Street. "Just like the financial services industry, we need a partner in the federal government in order to help stave off an impending calamity and stabilize our fiscal condition." Later, at a joint news conference, Corzine noted that states have already made drastic cuts in their budgets, and may have to slice $100 billion more in the next fiscal year without federal help. He sounded a dire warning at that prospect, saying, "the federal government ignores state and local governments at serious peril."  
 
Most of the assorted city officials and others who accompanied the governors to Washington D.C. sang the same tune, sometimes literally. Trenton, NJ major Douglas H. Palmer, for instance, proposed that Congress approve $90 billion in aid to cities, which he said would be used to fund highway, transit and other infrastructure as well as schools, public housing and other uses. "In the words of that great poet John Lennon, I say 'Help! I need somebody, not just anybody,'" Palmer quipped. 
 
SOUTH CAROLINA Gov. Mark Sanford (R), however, was clearly not on the same sheet of music. He vociferously argued against the proposals, saying the added debt would cause significant long-term damage to his state and the U.S. economy. "As the old saying goes, the first step to getting out of a hole is to quit digging," Sanford said before the House Ways and Means Committee. "I think this certainly applies to the mountain of debt now facing our country." 
 
Sanford also questioned whether the stimulus package would do more harm than good to the very states that are seeking it out. "I beg you not to approve a $150 billion stimulus package, for the unintended consequences it would bring for my state, all states in the union and our kids and grandkids," Sanford told the House panel. "If you go ahead with this, the question has to be asked 'who bails out the bail-outer?'"  
 
In spite of Sanford's plea, lawmakers ultimately agreed to continue working on a stimulus proposal, which they plan to reveal when Congress reconvenes on Nov. 17. (WALL STREET JOURNAL, REUTERS, NEW YORK TIMES, THE STATE [COLUMBIA]).  
 
GOVS URGE AUTO BAILOUT: A half dozen governors called on Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke to take "immediate action" to help financially-troubled U.S. automakers. In an open letter, the governors of MICHIGAN, DELAWARE, KENTUCKY, NEW YORK, OHIO and SOUTH DAKOTA said that domestic automakers are "particularly challenged" in the down economy and warn that, "as a result, the financial well-being of other major industries and millions of American citizens are at risk." The request came as General Motors, the world's second largest automaker, is lobbying the Bush administration and Congress for $10 billion to $15 billion in aid to help keep the company going and possibly to make a proposed merger with Chrysler work. White House spokeswoman Dana Perino said officials are talking with the automakers. "We understand that they've been facing tough times for a while. They've made business decisions that unfortunately have put them in this position. But we also recognize how big the companies are, how many families rely on these companies, and what it would mean for the overall economy," Perino said. (CNNMONEY.COM, DETROIT FREE PRESS) 
 
PRIVATIZATION PLANS GO DOWN: INDIANA Gov. Mitch Daniels (R) dropped his plan for privatizing the Hoosier Lottery to pay for a college scholarship program for low-income students after the U.S. Department of Justice said doing so would violate federal law. Several other states, including CALIFORNIA, NEW JERSEY, ILLINOIS, COLORADO, FLORIDA, MICHIGAN, TEXAS and NEW YORK, have proposed selling off their lotteries to pay for various projects. Meanwhile, Albertis Infrastructures of Spain and Citi Infrastructure Investors withdrew their bid to lease the PENNSYLVANIA Turnpike for 75 years for an upfront payment of $12.8 billion after the bid expired on September 30. Gov. Ed Rendell (D) had touted the proposed lease as a key source of funding the state's highway, bridge and mass transit programs, but the proposal met strong legislative opposition. (SOUTH BEND TRIBUNE, STATE NET) 
 
HEINEMAN CALLS SAFE HAVEN SPECIAL SESSION: Faced with a growing number of parents who are abandoning their children, NEBRASKA Gov. Dave Heineman (R) has called for a special legislative session to amend the Cornhusker State's Safe Haven Law. Heineman said several weeks ago that he wanted to make amending the law, which prohibits parents from being prosecuted for leaving a child at a hospital, to be a priority during the next regular session. But an unexpected flood of children as old as 17 — including some brought in from other states — has forced him to move that timetable up. The NEBRASKA statute, which was enacted only a few months ago, is the most lenient in the nation. While most Safe Haven Laws have age limits ranging from thee days to about a month Nebraska's law has no age specification. "This law needs to be changed to reflect its original intent" Heineman said. The session — First Special Session (2007010) — begins on November 14. (STATE NET, ASSOCIATED PRESS) 
 
GOVERNORS IN BRIEF: Citing recent data losses and service problems, TEXAS Gov. Rick Perry (R) halted a massive data center consolidation by IBM Corp. involving dozens of state agencies until officials review the problems. Perry said his action does not impact the status of the state's seven-year $863 million technology services contract with IBM (AUSTIN AMERICAN-STATESMAN). • OREGON Gov. Ted Kulongoski (D) unveiled a sweeping energy package that would, among other things, set a goal of building houses and commercial buildings that emit no carbon by 2030 and allow the state's businesses to buy and sell carbon credits. Lawmakers must approve the proposals during the next legislative session (OREGONIAN [PORTLAND]). • Faced with unusually large crowds seeking to vote early last week, FLORIDA Gov. Charlie Crist (R) issued Executive Order 08-217, which extended hours at all 267 early voting sites four hours each weekday and four hours on the weekend (FLORIDA GOVERNOR'S OFFICE).

BUSINESS: The Bush Administration asks a federal court to lift an injunction against its effort to force approximately 140,000 business owners nationwide to resolve Social Security number discrepancies with an estimated 8.7 million workers. A federal court in CALIFORNIA blocked the original Social Security "no-match" letter initiative in 2007, saying it would have "staggering" and "severe" effects on workers and businesses (WASHINGTON POST).  
 
CRIME & PUNISHMENT: A federal judge blocks a MISSOURI law that required registered sex offenders to avoid any Halloween-related contact with children from 5 p.m. to 10:30 p.m. on Oct. 31. The judge said the Show Me State law, which required offenders to stay inside their homes with the outside lights off and to post a sign saying they have no candy, was too vague. Violators faced up to a year in jail (ST. LOUIS POST-DISPATCH). • PENNSYLVANIA Gov. Ed Rendell (D) signs HB 1845, legislation that, among several other things, imposes a mandatory 20-year sentence for anyone convicted of shooting or attempting to shoot a law enforcement officer. The bill also elevates possessing a gun with an altered serial number from a misdemeanor to a 2nd degree felony and bans anyone who files a false police report involving a gun from owning firearms (STATE NET, PHILADELPHIA INQUIRER). • The SOUTH CAROLINA Legislature overrides Gov. Mark Sanford's (R) veto of SB 429, which would have allowed law enforcement to take a DNA sample from a person arrested on felony charges. The measure would also allow convicted prisoners to request that their DNA be tested to prove their innocence. Sanford is mulling legal action to overturn the law (STATE NET, POST & COURIER [CHARLESTON]). The GEORGIA Supreme Court rules that a Peach State law barring registered sex offenders from living within certain distances of where children might be present is unconstitutional. The court said the measure fails to give homeless people a way to conform to the statute (ATLANTA JOURNAL CONSTITUTION).  
 
ENVIRONMENT: The Bush administration gives beluga whales in ALASKA's Cook Inlet protection under the federal Endangered Species Act, saying a decade-long program to save the mammals has not ensured their survival. State officials, including Gov. Sarah Palin (R), opposed the listing (ASSOCIATED PRESS).  
 
EDUCATION: Federal education officials issue final No Child Left Behind rules that require all states to begin using a single graduation-rate formula by 2011 that counts the percentage of ninth-graders who earn a diploma within four years. The new rules also require officials at low-performing schools to better inform parents that certain children must be given an opportunity to participate in government-funded tutoring or transfer to a higher-performing school (WASHINGTON POST). • A CALIFORNIA court issues a temporary restraining order to block a mandate that all Golden State eighth-graders be tested in Algebra 1 as early as 2011. The court said the requirement to do the testing, which came at the request of Gov. Arnold Schwarzenegger (R), was made in haste and needs further consideration before being implemented (SAN FRANCISCO CHRONICLE). • The ARIZONA Supreme Court agrees to review a lower court's ruling that the Grand Canyon State's two school voucher programs violate a state constitutional ban on using public money to help private and religious schools. No hearing date has been set (ARIZONA REPUBLIC [PHOENIX]).  
 
HEALTH & SCIENCE: The CALIFORNIA Board of Registered Nursing unanimously approves emergency regulations that require all Golden State licensees to submit fingerprints. The new rules will allow law enforcement agencies to flag the board any time a nurse is arrested. The rules must also be approved by the state's Office of Administrative Law (LOS ANGELES TIMES).  
 
POTPOURRI: A federal judge rules that homeless people in OHIO cannot be denied the right to vote because they don't have an official address. The judge also ruled that provisional ballots can't be invalidated because of poll worker errors (USA TODAY). • A federal judge in PENNSYLVANIA orders election officials to issue emergency paper ballots if 50 percent or more of any precinct's machines fail at any one time on Election Day. The judge said that delays caused by voting-machine breakdowns could unduly burden citizens and deprive them of their right to vote (PHILADELPHIA INQUIRER). • A federal court rules that MICHIGAN cannot remove voters from the rolls simply because their voter registration cards are returned as undeliverable. The 6th U.S. Circuit Court of Appeals said that voters are considered registered when applications are approved and names are added to the rolls and not if or when they receive a card in the mail. The verdict upholds a lower court's injunction against removing 5,500 names from the list of eligible voters (ASSOCIATED PRESS).

AS COLD AS STEAM: It has been a lousy budget year for most states, perhaps none worse than in NEW YORK, which Gov. David Paterson says faces a potential $47 billion shortfall over the next three years if it does not curb its spending. So, last July, Paterson imposed a statewide government hiring freeze. But as the Buffalo News reports, he left state agencies with one key out: they were still allowed to fill "absolutely essential positions." Apparently there are a boatload of those jobs in Empire State government because, according to the state Comptroller's Office, state agencies have hired at least 31,684 workers since Paterson's edict. The number is actually higher, but hundreds of other state agencies don't report their payroll figures through the comptroller. 
 
REALLY WRONG NUMBER: With early voting all the rage of late, the MICHIGAN Democratic Party recently decided to circulate a flier designed to get more people interested in casting their ballot by mail. But as the Associated Press reports, they might want to proofread their mailers a bit more carefully in the future. It seems the telephone number listed on the flier, which featured a photo of Democratic presidential candidate Barack Obama and U.S. Sen. Carl Levin, was supposed to go directly to a campaign hotline set up to help people register as absentee voters. The digits, however, were instead for a phone-sex service. Embarrassed Dems apologized, saying the number was a typo.  
 
REALLY WRONG CALL: Thousands of CALIFORNIA voters might have thought they were getting their own phon-sex call last week. As reported by the Sacramento Bee, Republican Congressional candidate Zane Starkewolf sent out a robocall featuring a seductive female voice that condemned his opponent, Democrat Mike Thompson, as "a bad boy" for supporting the recent federal bailout of the troubled financial markets. The sultry caller then suggested that voters "vote yessss for Zane." The call drew a horde of angry responses to Starkewolf's blog, with many people complaining that his message was pornographic. Starkewolf acknowledged that he wrote the ad's script, but said that an unpaid staffer took unexpected liberties with what he wrote. A decided underdog in the heavily Democratic District 1, Starkewolf said he just wanted something "impactful." By all accounts, he got it.  
 
VOODOO POLITICS: Former President George H.W. Bush once famously derided Ronald Reagan's "trickle down" economic plan as "voodoo economics." One has to wonder, then, what Bush 41 might think of French President Nicolas Sarkozy's current dilemma. As Reuters reports, a Paris court last week rejected Sarkozy's plea to ban a publishing company from selling a voodoo doll in his likeness, complete with a manual that encourages readers to stick pins in it. The doll also comes adorned with of some of Sarkozy's more salty quotes, including his telling a bystander who refused to shake his hand to "get lost you pathetic [expletive]." The court ruled that sale of the doll is legally protected "freedom of expression and humor." That was news to Sarkozy, who is considering an appeal.