New, Better Ballot Access Bill Introduced in Tennessee

On February 11, Tennessee State Senator Stacey Campfield (R-Knoxville) introduced SB 617, to govern how political parties can qualify for the general election ballot. The bill requires 2,500 signatures, and says that newly-qualifying parties would nominate by convention, not primary.

Senator Campfield had earlier this year introduced another ballot access bill for newly qualifying parties, SB 129, but it only lowered the petition from 2.5% of the last gubernatorial vote, to 1% of the last gubernatorial vote, and did not solve other problems, such as the early petition deadline and wording on the petition that implies signers are members of the party.

The old law was declared unconstitutional last year, so it is likely that some bill on this subject will pass the legislature this year. Thanks to Tony Wall for the news.

Petition Problems May Leave Columbus Voters With Fewer Candidates on the Ballot than there are Seats to Fill

Voters in Columbus, Ohio, will be choosing four Board of Education members in an election this year. The election is non-partisan. According to this news story, so many candidate have had petitions rejected, that there may be only three candidates on the ballot, even though there are four seats to fill. Thanks to Steve Linnabary for the link.

Nebraska Bill Limits Who can be an Independent Candidate

Nebraska State Senators John Nelson and Scott Lautenbaugh have introduced the Secretary of State’s omnibus election law bill, LB 449. Among other things, it restricts who can be an independent candidate. The bill says no one can be an independent candidate if he or she were registered as a member of a qualified party on March 1 of the election year. Also it makes it illegal for anyone to circulate an independent candidate petition earlier than December 15 of the year before the election.

The bill does not seem to affect independent presidential candidates, who have a separate section in the existing law. That separate section is not being amended. The bill has a hearing on February 16 in the Government, Military and Veterans Affairs Committee.

New Hampshire Bill to Let State Legislators Nominate Candidates for U.S. Senate

Four Republicans in the New Hampshire House have introduced HB 421. It says that the only individuals who can get on the ballot in a partisan primary for U.S. Senate are individuals nominated by the party caucuses of that party in the legislature. For example, the Republicans in the State Senate would choose one individual to be placed on the Republican primary ballot for U.S. Senate; and the Republicans in the State House would also choose someone. Of course, both caucuses might choose the same person.

The bill doesn’t acknowledge the possibility that a party might have its own primary, yet might not have any state legislators. The bill maintains the existing state law that allows any person to be a write-in candidate in any party primary.

If this bill were to pass, but if any qualified political party chose to oppose it in court, it is likely that the political party would win its lawsuit against the law, as applied to that party. The First Amendment Freedom of Association clause protects the ability of parties to run their own affairs, to a great extent. State legislators are generally not officers of their own political parties. If a party had its own internal rules that require a normal primary, it is likely a court would uphold the right of political parties to continue to let anyone appear on its primary ballot who met the normal ballot access rules, against a state law that gave state legislators special nominating rights for that political party.

The bill’s sponsors are Robert Kingsbury of Laconia, Susan DeLemus of Rochester, Lucien Vita of Middleton, and Joshua Davenport of Newmarket.

Idaho Bill for Public Funding of Candidates for State Office

Five Democratic State Senators in Idaho have introduced SB 1040, which provides for public funding of candidates for state office. The bill does not discriminate for or against any candidate on the basis of the candidate’s partisan affiliation or independent status. It requires candidates to receive $5 contributions from a certain number of voters, in order to qualify for public funding. Gubernatorial candidates would need 2,500 contributors. Candidates for other statewide office would need 1,500 contributors. Candidates for the legislature would need 150 contributors, all of whom must live in the district.

Public funding would be financed largely from traffic and criminal fines, an idea pioneered by Arizona. If the bill passed this session, it would take effect in 2014. The Idaho Senate has 35 members, and only seven of them are Democrats. No Republican State Senator is a co-sponsor of this bill, so far at least.