On April 4, the Missouri House passed HB 894, moving the petition deadline for all independent candidates to March. The bill makes no exception for presidential independents. Therefore, it is clearly unconstitutional as to presidential independents, because it conflicts with Anderson v Celebrezze (the 1983 U.S. Supreme Court decision that struck down Ohio’s March 20 petition deadline for independent presidential candidates).
In addition, the bill conflicts with the U.S. District Court decision McCarthy v Kirkpatrick, a 1976 decision that declared Missouri’s old April deadline for all independent candidates to be unconstitutional.
All of the 16 “No” votes were Democrats, except for one Republican, Kevin Wilson. The Democrats voting “No” are Judy Baker, John Burnett, Michael Daus, Michael Frame, Beth Low, Jeanette Oxford, Brad Robinson, Jeff Roorda, Ray Salva, Ed Schieffer, Mike Talboy, Michael Vogt, James Whorton, Terry Witte, and Jake Zimmerman.
As a former Independent candidate in Missouri, I am very disappointed about this bill. As I spoke to legislators, including folks in the office of Rep. Hoskins, it became clear that they have NO understanding of what it means to be Independent. Independents are somehow being seen as a threat to both parties. How do we educate others and stop this bad legislation?
I would tell Missouri legislators, and all U.S. state lawmakers, that an election in which all routes to the November ballot are closed off, 8 months before that election, is not a free election. Elections are a public response to public events. If election law is written so as to close off all new entries far in advance of the election, then voters can’t fully carry out their function.
If legislators complain that the Republican and Democratic Parties must choose their nominees far in advance of a November election, point out that it’s their choice. Republican and Democratic state legislators chose the dates of their primaries. September is still the most common month for primaries (for office other than president). September primaries are practical and feasible. If a state chooses to hold its primaries much earlier than September, it is a choice that Reps and Dems made.
Missouri is especially peculiar for holding its primaries in August and yet forcing primary candidates to file in March. There is no good reason for such an early primary filing deadline.