Montana Ballot Access Case Begins to Move Forward Again

A U.S. District Court in Montana will hold a status conference in Kelly v McCulloch on March 25, 2011. This is the case that challenges Montana’s March petition deadline for non-presidential independent candidates. The lawsuit had been filed on April 8, 2008. On February 3, 2010, U.S. District Court Judge Sam Haddon had ruled that the plaintiffs lack standing. However, on December 10, 2010, the 9th circuit had reversed that ruling, and had said the plaintiffs do have standing. Now the case returns to U.S. District Court for a decision on the merits.

Oklkahoma Bill, Moving Primary from July to June, Passes Senate Rules Committee

On February 16, the Oklahoma Senate Rules Committee passed SB 602. The bill moves the primary (not the presidential primary) from July to June. It also moves the deadline for a new or previously unqualified party to submit a petition from May 1 to March 1. That deadline, combined with a very high number of signatures, is almost certainly unconstitutional. All reported decisions, on the constitutionality of deadlines for new parties to qualify, that are earlier than May, have unanimously held that deadlines earlier than May are unconstitutional.

Montana and Arizona Presidential "Birth Certificate" Bills Lose in Committee

On February 16, the Montana State House Administration Committee tabled HB 205. This bill would have required presidential candidates’ birth certificates to be submitted.

Also, on February 14, the Arizona Judiciary Committee defeated SB 1526, another bill to require that presidential candidates’ birth certificates be submitted, in order for them to be on the ballot. The vote was 3-5. This bill had been introduced by Senator Ron Gould (R-Lake Havasu City). An identical bill in the Arizona House, HB 2335, is pending in the House Judiciary Committee.