On Thursday, March 12, the Minnesota House Government Operations & Elections Committee will hear two bills that make ballot access more difficult.

HF 1387, by Representative Michael Nelson (DFL-Brooklyn Park) says that the party petition cannot be circulated in odd years.  Representative Nelson has said he will amend the bill to say the party petition can start to circulate one year before the deadline, but that is still more restrictive than current law.  Current law does not set a start date for the party petition.  The party petition was created in 1913, and requires 5% of the last vote cast.  It is so difficult, it has never been used statewide.  Even Americans Elect did not attempt it, during 2010 and 2011, when it was completing party petitions in almost every other state that had a party petition procedure.

HF 1365 moves the primary from August to June.  That would have the effect of moving the party petition deadline from June to April, and it would have the effect of moving the petition deadline for independent candidates two months earlier as well.  Most states do not link the petition deadline for independent candidates to the date of the primary, but Minnesota does link them.

If either of these bills passes, the new law would probably be unconstitutional.  The party petition is probably already unconstitutional under an Eighth Circuit opinion issued in 1980, McLain v Meier.  The independent candidate petition deadlines set by HF 1365 would be unconstitutional under Anderson v Celebrezze.  Thanks to Andy Burns for the news about the hearing tomorrow.