On June 21, the North Carolina House Elections Committee passed SB 656, the ballot access bill, by 15-8. However the bill was amended, so assuming it passes the House, it will then need to return to the Senate. It is expected the bill will be brought up for a House floor vote on June 22, or possibly June 23. The bill cuts the number of signatures for a newly-qualifying party from 2% of the last gubernatorial vote, to exactly 10,000.
The House Elections Committee amended the bill in three ways: (1) it moves the independent candidate petition deadline from April to June (it had always been in June, except that a bill passed earlier this year moved it to April, which is clearly unconstitutional); (2) it says that a party that is not otherwise on the ballot, but which placed its presidential nominee on the ballot in at least 40 states at the last presidential election, is on the ballot for president only, even without a petition, in the upcoming presidential election; (3) it minimizes the odds that any party with its own primary will ever again have a run-off primary (current law says a runoff primary is needed if no one got 40%, but the bill lowers that to 30%).
The second amendment is plainly intended to help the Green Party, because Jill Stein was on the ballot in 44 states in 2016. A party that meets this qualification must provide documentation to the State Board of Elections in the odd year before any presidential election. Such parties may also have their own North Carolina presidential primary. Generally newly-qualifying parties in North Carolina never have a primary of any type; they nominate by convention.
North Carolina Ballot Access Bill Passes House Committee
40 states… So if a party’s nominee was on the ballot in 39 states and DC, that would not count? Also the American Independent Party technically had a candidate on the ballot in all 50 states (Donald Trump). Would they be qualified to place a presidential candidate on the ballot in North Carolina? I’m in no way opposed to this bill, it just raises some interesting questions.
That amendment is also discriminatory against independent candidates. For example Ross Perot ran in 1992 as an independent presidential candidate and was on in all states. Yet apparently the amendment wouldn’t have helped him in 1996, because he wasn’t the nominee of any national party in 1992.
Would the Greens qualify under the 40-state amendment? Stein was on the ballot in more than 40 states last year, but in a lot of them she wasn’t the Green Party nominee. What do the “devil-in-them” details of the bill’s language say?
If you exclude DC, then the forty smaller states will exceed 270 electors, but just twelve larger states, excluding NC, will exceed 270, and represent a larger chunk of the population. It would make more sense to provide that any presidential ticket that gets on ballots representing a majority of electoral college votes in the current election cycle would automatically qualify for the ballot in this state. But then just lowering the petitioning requirement to a reasonable number would make that stipulation generally unnecessary.
I have to admit that we here in NC are puzzled by this amendment. We don’t object to it, and if the bill were to pass and Cooper signed it into law we would be more than happy. It would be the first significant amendment to the NC law since 2006, when the retention requirement was lowered from 10% to 2%. But its origin and the impetus for adding it to the bill are unclear, at least to me.
The bill is on Monday’s House calendar. I too am perplexed about the amendments. But I believe the sponsor, Sen. Andrew Brock, and the bill’s supporters, are sincere when they argue that it’s time NC allowed more parties on the ballot. There may be ulterior motives, like Republicans thinking Greens would draw votes from Democrats, and Democrats thinking Libertarians and Constitutionists would draw votes from Republicans — but I don’t care. They’re doing the right thing, even if it is for the wrong reason. NC required only 10,000 signatures for a new party until 1983. We’ve already gone further with this electoral reform than ever before; never had a bill like this pass one house and a committee in the other.
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