Kentucky Bill, to Let Independents Vote in Partisan Primaries, Passes Senate

On February 10, the Kentucky Senate passed SB 41 by a vote of 23-13. It says that independent voters may vote in partisan primaries. An identical bill by the same author had passed the Kentucky Senate in 2010 by a vote of 25-12, but the 2010 bill then went to the House and did not even receive a hearing. Perhaps this year the House will treat the bill differently.

U.S. District Court Upholds Rhode Island's Distribution of Public Funding to Political Parties

On February 10, U.S. District Court Judge William E. Smith, a Bush Jr., appointee, upheld Rhode Island’s law on how public funding is distributed to political parties. Rhode Island taxpayers may choose to contribute to a qualified political party on their state income tax forms, by writing in the name of the party they wish. But they can also choose to donate to the state’s “nonpartisan account.” Taxpayers get a state income tax credit for their donations, which are limited to $5. Here is the 16-page decision, which is Moderate Party of Rhode Island v Lynch, 10-265.

The Moderate Party sued over the formula for distributing the money in the nonpartisan account. One-fourth of the money goes to the political parties that elected statewide state officers in the last midterm election (there are five such offices, and a party gets a 5% share of the fund for each of these offices that the party won). The other 75% of the nonpartisan fund goes to each of the qualified parties, in proportion to the share of the vote that party’s gubernatorial candidate received. Under this formula, the Moderate Party does get some money from the fund. The decision says the party did not show that the distribution formula injures the party.

Tennessee Bill for Presidential Candidate Birth Certificates

On February 7, a bill was introduced in the Tennessee Senate to keep presidential candidates off primary ballots, and also off the general election ballot, unless the national political party submits a birth certificate for such presidential candidate. As noted earlier on this site, there had been somewhat similar bills introduced already this year in ten other states. This is the only bill in any state that puts the responsibility on a national party committee to submit such documents in a presidential primary.

The Tennessee bill, SB 366, does not require independent presidential candidates to file a birth certificate. The bill’s sponsor is Senator Mae Beavers (R-Mount Juliet).

Arizona Proposal for Filing Fees instead of Petitions

The Arizona Constitution prohibits filing fees for candidates. Five state Representatives have introduced a proposed constitutional amendment, which would delete the constitutional prohibition, and authorize the legislature to provide for filing fees in lieu of petitions, both for primary ballot access and general election ballot access. The proposal is HCR 2023. If the legislature passes it, then it would appear as a ballot question in the November 2012 for the voters to decide if they agree.

Arizona Bill, Improving Ballot Access and Making Other Changes, Passes House Judiciary Committee

On February 10, Arizona HB 2304 passed the House Judiciary Committee unanimously. Now it goes to the House Rules Committee. This bill contains all the Secretary of State’s recommendations for election law changes, including some ballot access improvements. It says when a party qualifies for the ballot, it then retains its status as a qualified party for the next two elections. Also it legalizes out-of-state circulators for all types of petitions, although out-of-state circulators must register with the Secretary of State before working.

Also, the bill makes it easier for candidates of a newly-qualifying party to get on their own party’s primary ballot. As far as is known, this is the first ballot access improvement bill this year to have made progress in any state’s legislature.

The Judiciary Committee amended the bill’s provisions about electioneering at the polls. The bill, as amended, clarifies that buttons and clothing worn by voters at the polling place is permitted, unless the buttons or clothing relate to something that is on the ballot. This change is undoubtedly because some polling place officials last year tried to eject voters who were wearing clothing that mentioned the Tea Party, which was not on the ballot in Arizona as a separate political party. Under the amendment, Tea Party buttons and clothing would be permitted (until such time as the Tea Party in Arizona gets itself on the ballot as a separate political party, of course).