THREE REPRESSIVE BALLOT ACCESS BILLS ADVANCE, BUT FIVE OTHERS ARE DEFEATED

During April, a bill in Iowa to make ballot access worse passed, and bad bills made headway in Colorado and Texas. But in Delaware, Montana, Nevada, New Hampshire, and Oklahoma, restrictive bills were defeated, or else failed by inaction.

Colorado: on April 23, HB 1278 passed the House. It raises the signatures for independent candidates and the nominees of unqualified parties, for all office except president. Statewide offices go from 1,000 signatures to 10,500, and imposes a severe distribution requirement of 1,500 signatures in each of the seven U.S. House districts.

The bill has many other election provisions, and the media has ignored the ballot access changes. The sponsors are Democrats.

Delaware: HB 41 had passed the House back in January, but it made no headway in the Senate, and it is now too late for it to pass. It would have moved the deadline for a newly-qualifying party from late August to March.

Iowa: on April 25, both houses of the legislature passed HF 692, which moves the petition deadline for independent candidates and the nominees of unqualified parties (except President) from August to March. An earlier version of the bill also increased the number of signatures for independent candidates and the nominees of unqualified parties, but fortunately that was removed from the bill, after successful lobbying by the Libertarian Party, the Green Party, and the ACLU. That provision would have increased the number of signatures for statewide candidates from 1,500 to 4,000 signatures. U.S. House petitions would have gone from 375 to 2,000 signatures; State Senate from 100 to 200; and State House from 50 to 100.

The bill also lets election officials abbreviate the names of political parties on the ballot, as long as the ballot instructions explain the abbreviations.

Montana: on March 29, the House defeated HB 647 by 43-57. It would have increased the number of signatures for new parties from 5,000 signatures to 12,797 signatures (5% of the winning gubernatorial candidate’s vote). Every Democrat voted for the bill, and every Republican except Representative Geraldine Custer voted against it. It was considered a bill aimed at keeping the Green Party off the ballot. The Green Party is already suing over the existing law, because the petition deadline is in March (too early), and that petition has an unequal distribution requirement based on state house districts.

Nevada: two bills to injure ballot access failed to advance, and it is now too late for them to become law. AB 82 would have moved the petition deadline for newly-qualifying parties from June to May, and moved the non-presidential independent candidate petition deadline from June to March. SB 122 would have said that parties that nominate by convention (smaller qualified parties) could not nominate someone who had not been a member by December 31 of the year before the election.

New Hampshire: HB 643 would have moved the non-presidential primary from September to June, and that would have moved the petition deadline for independent candidates, and the nominees of unqualified parties, from August to May.

Oklahoma: HB 2338 failed to move, and the legislature has adjourned. It would have moved the deadline for non-presidential independent candidates to file a declaration of candidacy from April to January.

Texas: on April 25, the House Elections Committee passed HB 4416. It raises the vote test for a party to stay on the ballot, from 5% for a statewide race, to 10%. The author is Representative Mayes Middleton. The vote was 6-3. All Republicans voted for the bill, and all Democrats who voted, voted "no." The only ballot-qualified third party in Texas is the Libertarian Party. In years when the Democratic Party doesn’t run a full slate, Libertarians always poll over 10% for statewide races with no Democrat. But when Democrats do run a full slate, no Libertarian for statewide office ever gets above 6%.

On April 11, the Kentucky Libertarian Party filed a federal lawsuit against the new Kentucky law that requires the nominees of convention parties to have filed a declaration of candidacy in January of the election year. The Libertarian Party is on the ballot in Kentucky, but nominates by convention. Kentucky is holding elections in 2019 for all its statewide state officers. The lawsuit is Sweeney v Crigler, e.d., 2:19cv-46. It is assigned to U.S. District Court Judge William O. Bertelsman, a Carter appointee.

The lawsuit argues that a deadline that early is not needed for any state purpose. It is true that primary candidates must file early in the year, the primary is in May, so there is an reason to have their deadlines early.

Also, the change in the deadline was passed this year, and made effective immediately, which violates due process. Libertarians for Governor, Lieutenant Governor, Auditor, Agriculture Commissioner, and county office won’t be on the ballot unless the lawsuit wins.

PRESIDENTIAL DEBATES LAWSUIT LOSES

On March 31, U.S. District Court Judge Tanya Chutkan, an Obama appointee, upheld the position of the Federal Elections Commisson in Level the Playing Field v FEC, 1:15cv-1397. This is the lawsuit that was filed in 2015 for the purpose of expanding the general election presidential debates.

The plaintiffs argued that the FEC had failed to enforce campaign finance laws against the Commission on Presidential Debates, which is a corporation. Federal law does not permit corporations to make donations to candidates for federal office. The plaintiffs, who included the Libertarian Party and the Green Party, said that in reality, the Commission is making a contribution to the Democratic and Republican presidential campaigns. Commission rules bar anyone from the debates who is not at 15% in public opinion polls in September of the election year. The evidence showed that no presidential candidate, other than the two major party nominees, has ever met that standard since 1968.

Level the Playing Field filed a notice of appeal on April 22, but the appeals process is so long, even if the case wins, it will not have any impact on the 2020 election.

The decision says that the FEC has considerable authority to make its own decision on this matter. The decision also excludes the evidence that Level the Playing Field had filed toward the end of the first stage of the lawsuit. Part of the appeal will involve whether that evidence should have been allowed.

On April 3, New Mexico Governor Michelle Grisham signed HB 407, which lowers the number of signatures for independent candidates. The presidential petition drops from 3% of the last gubernatorial vote, to one-half of 1%. For other office, from 3% to 2%.

California: SB 27, the bill to require presidential candidates to reveal the last five years of their income tax returns if they want to be on a presidential primary ballot, passed three Senate committees during April and will soon have a vote on the Senate floor. The bill does not prevent any candidates from filing as a write-in in a presidential primary.

Connecticut: on April 1, the Joint Committee on Government Administration and Elections passed SB 1097, which requires presidential and congressional candidates to reveal their tax returns if they wish to be on any ballot. However, the bill has not moved since then, and is considered unlikely to pass.

Hawaii: on April 9, the Senate defeated HB 712. It would have required presidential candidates to show their most recent income tax returns. The vote was 10-15.

Illinois: on April 11, the Senate passed SB 145 by 36-19. It says that presidential candidates can’t appear on either a primary or general election ballot if they don’t reveal their income tax returns for the preceding five years.

New York: bills are pending to require presidential candidates to reveal the last five years of their tax returns, or they cannot be on either a presidential primary ballot, or a general election ballot. They are SB 32, introduced January 9; and AB 4493, introduced February 4. Neither bill has moved since being introduced.

Rhode Island: on April 10, the Senate passed SB 342 by 28-10. It requires presidential candidates to reveal the last five years of their income tax returns in order to be on the ballot in either a primary or a general election. The bill now goes to the House Judiciary Committee, which had rejected an identical bill, HB 5727, during March.

Delaware: on March 28, Governor John Carney signed SB 22.

Nevada: on April 16, the Assembly passed AB 186 by 23-17. All Republicans voted "no." In addition, five Democrats voted "no."

New Mexico: on April 3, New Mexico Governor Michelle Grisham signed HB 55.

Oregon: on April 9, the Oregon Senate passed SB 870 by 17-12. Generally Republicans voted against it and Democrats voted for it. However, three Republicans voted for the bill and three Democrats voted against it.

Assuming the bill is signed into law in Nevada and Oregon, the pact would have passed in jurisdictions with 202 electoral votes. It needs 270 to go into effect. If the bill is signed into law in Nevada and Oregon, the west becomes the first region of the U.S. in which a majority of states have joined the pact.

California: on April 23, SB 212 passed the Senate Elections Committee. It would let non-charter cities and counties use ranked choice voting for their own officers. Currently only charter cities and charter counties may do that.

Maine: LD 1477 has been introduced. It would amend the State Constitution so that ranked choice voting could be used for state office in general elections. Currently Maine uses ranked choice voting for congressional elections, and for state office primaries.

The bill in the U.S. House to make the District of Columbia a state, HR 51, now has 203 co-sponsors. If it had 218 co-sponsors, it could presumably pass the House. Every month it gains more co-sponsors.

Democracy and Truth, A Short History, by Sophia Rosenfeld, 2019, U. of Pennsylvania Press, 213 pages.

Sophia Rosenfeld is a history professor. She writes, "Democracy–a form of representative government whose prevalence globally has increased dramatically from the 1970s until quite recently, cannot survive without any commitment to verifiable truth and truth-telling from either the population at large or the powers on high. At a practical level, a basic commitment to truth-telling or veracity as a moral position is central to maintaining the interpersonal trust that democracy, in its modern incarnation, needs to be effective."

Chapter One, "The Problem of Democratic Truth", illustrates that the United States is not the only country struggling by an inability to get consensus on what is true. It also shows that the problem goes back hundreds of years, and has been a universal problem in most democratic societies. In the 1790’s, Maximilien Robespierre said, "Democracy perishes by two excesses, the aristocracy of those who govern, or the contempt of the people for the authorities which it has itself established."

Chapter Two, "Experts at the Helm", describes the rise of social science and the specialization of knowledge about public policy. It shows how thinkers through the years have tried to reconcile the problem that the ordinary people may not understand enough to make good decisions, but that the "experts" may be arrogant, self-interested, or simply wrong.

Chapter Three, "The Populist Reaction" is also a chapter about history, setting forth times in history when a large segment of the population, sometimes a majority, lost trust in the voices that had been considered authoritative.

Chapter Four, "Democracy in Age of Lies", explains why the problem is so severe today. It also sets forth her ideas for solving the problem.

On April 8, Californians to Defend the Open Primary withdrew its intervention in the lawsuit Soltysik v Padilla, the case pending in U.S. District Court in Los Angeles. The issue is the law that lets some candidates for Congress and partisan state office have a party label, but not all candidates. Californians for an Open Primary had intervened in the case when it was filed in 2015, in support of the discriminatory law. But now it doesn’t want to continue.

Californians for an Open Primary is a coalition of the California Chamber of Commerce, the Business Roundtable, and the Independent Voters Project. The Independent Voters Project sponsors the website Independent Voters Network, which holds itself out as a defender of independent voters. That website has never revealed that it has been involved in defending a law that harms independent candidates. Under the California law, independent candidates cannot have the label "independent" on the ballot. Instead they must have "Party preference: none."

The lawsuit will continue, but now the only defender of the law in court will be the Secretary of State. A status conference is set for May 31.

Florida has closed primaries, but the state Democratic Party is considering inviting independents to vote in party primaries. The Miami-Dade County Democratic Party, and the Brevard County Democratic Party, have recently resolved to work for this idea.

On April 12, New York Governor Andrew Cuomo signed SB 1509 and AB 2009, identical bills that set up a powerful commission to write a proposal for public financing of campaigns for statewide state office. The bill says that the commission must release its plan by December 1, and then, if the legislature does nothing, the plan will become law.

Furthermore, a March 31 amendment to the bills said that the commission is also empowered to decide whether to eliminate fusion. The supposed link between public funding and fusion is that public funding is more complicated if fusion remains. However, Connecticut has fusion, and public funding for candidates for state office.

The chart below shows the 2020 presidential primary dates in each state. Not all dates are settled; if the date has an asterisk, it might change.

State	2020	2016	2012	2008	2004	2000	1996
Alabama	March 3	March 1	March 13	February 5	June 1	June 6	June 4
Arizona	March 17	March 22	February 28	February 5	February 3	February 22	February 27
Arkansas	March 3	March 1	May 22	February 5	May 18	May 23	May 21
California	March 3	June 7	June 5	.February 5	March 2	March 7	March 26
Colorado	March 3	– – –	– – –	– – –	– – –	– – –	March 5
Connecticut	April 28	April 26	April 24	February 5	March 2	March 7	March 5
Delaware	April 28	April 26	April 24	February 5	February 3	February 5	February 24
D.C.	*June 2	June 14	April 3	February 12	January 13	May 2	May 7
Florida	March 17	March 15	January 31	January 29	March 9	March 14	March 12
Georgia	*March 3	March 1	March 6	February 5	March 2	March 7	March 5
Idaho	March 10	March 8	– – –	May 27	May 25	May 23	May 28
Illinois	March 17	March 15	March 20	February 5	March 16	March 21	March 19
Indiana	May 5	May 3	May 8	May 6	May 4	May 2	May 7
Kentucky	May 19	May 17	May 22	May 20	May 18	May 23	May 28
Louisiana	March 7	March 5	March 24	February 9	March 9	March 14	March 12
Maine	*March 10	– – –	– – –	– – –	– – –	March 7	March 5
Maryland	April 28	April 26	April 3	February 12	March 2	March 7	March 5
Mass.	March 3	March 1	March 6	February 5	March 2	March 7	March 5
Michigan	March 10	March 8	Feb. 28	January 15	– – –	February 22	March 19
Minnesota	March 3	– – –	– – –	– – –	– – –	– – –	– – –
Mississippi	March 10	March 8	March 13	March 11	March 9	March 14	March 12
Missouri	March 10	March 15	February 7	February 5	February 3	March 7	– – –
Montana	June 2	June 7	June 5	June 3	June 8	June 6	June 4
Nebraska	*May 12	May 10	May 15	May 13	May 11	May 9	May 14
Nevada	– – –	– – –	– – –	– – –	– – –	– – –	March 26
New Hamp.	February 11	Feb. 9	January 10	January 8	January 27	February 1	February 20
New Jersey	June 2	June 7	June 5	February 5	June 8	June 6	June 4
New Mex.	June 2	June 7	June 5	June 3	June 1	June 6	June 4
New York	April 28	April 19	April 24	February 5	March 2	March 7	March 7
No. Car.	March 3	March 15	May 8	May 6	– – –	May 2	May 7
No. Dakota	– – –	– – –	– – –	– – –	– – –	– – –	February 27
Ohio	March 10	March 15	March 6	March 4	March 2	March 7	March 19
Oklahoma	March 3	March 1	March 6	February 5	February 3	March 14	March 12
Oregon	May 19	May 17	May 15	May 20	May 18	May 16	March 12
Pennsyl.	April 28	April 26	April 24	April 22	April 27	April 4	April 23
Puerto Rico	June 7	– – –	– – –	June 1	– – –	February 27	– – –
Rhode Is.	April 28	April 26	April 24	March 4	March 2	March 7	March 5
So. Caro.	February 29	Feb. 20	January 21	January 19	February 3	February 19	March 2
So. Dakota	June 2	June 7	June 5	June 3	June 1	June 6	February 27
Tennessee	March 3	March 1	March 6	February 5	February 10	March 14	March 12
Texas	March 3	March 1	May 29	March 4	March 9	March 14	March 12
Utah	March 3	– – –	June 26	February 5	February 24	March 10	– – –
Vermont	March 3	March 1	March 6	March 4	March 2	March 7	March 5
Virginia	March 3	March 1	March 6	February 12	February 10	February 29	– – –
Washington	March 10	May 24	– – –	February 19	– – –	February 29	March 26
West Va.	May 12	May 10	May 8	May 13	May 11	May 9	May 14
Wisconsin	April 7	April 5	April 3	February 19	February 17	April 4	March 19
MEDIAN	March 10	March 15	April 13	February 12	March 2	March 14	March 12
RANGE	126 days	126 days	168 days	147 days	147days	126 days	105 days

*means the date is likely, not certain.

The chart below shows the Republican and Democratic Party national convention cities, and dates, for 1868-2020. For earlier years, the Republican national conventions were: 1856 Philadelphia; 1860 Chicago; 1864 Baltimore.

The first Democratic convention was in 1832. All Democratic conventions 1832-1852 were in Baltimore; then 1856 Cincinnati; 1860 Charleston (which made no nominations) and then Baltimore; 1864 Chicago.

The largest city that has never hosted a major party presidential convention is Phoenix. Other cities with more than 1,000,000 population that have never hosted one are San Antonio and San Jose. The smallest population city that has ever had one is Atlantic City, New Jersey, which has only 38,429 inhabitants.

The most populous state that has never had a major party presidential convention is Virginia. The least populous state that has ever had one is Louisiana. The Republican Party has held all of its national conventions, throughout history, in only 13 states; the Democrats 16 states.

YEAR	Rep. Dates	Rep. City	Dem. Dates	Dem. City
1868	May 20-22	Chicago	July 4-11	New York
1872	June 5-6	Philadelphia	July 9-10	Baltimore
1876	June 14-16	Cincinnati	June 27-29	St. Louis
1880	June 2-5	Chicago	June 22-25	Cincinnati
1884	June 3-6	Chicago	July 8-11	Chicago
1888	June 19-25	Chicago	June 5-7	St. Louis
1892	June 7-10	Minneapolis	June 21-23	Chicago
1896	June 16-18	St. Louis	July 7-11	Chicago
1900	June 19-21	Philadelphia	July 4-6	Chicago
1904	June 21-23	Chicago	July 6-9	St. Louis
1908	June 16-19	Chicago	July 8-10	Denver
1912	June 18-22	Chicago	June 25-29	Baltimore
1916	June 7-10	Chicago	June 14-16	St. Louis
1920	June 8-12	Chicago	July 1-6	San Francisco
1924	June 10-12	Cleveland	June 24-July 9	New York
1928	June 12-15	Kansas City	June 26-29	Houston
1932	June 14-16	Chicago	June 27-29	Chicago
1936	June 9-12	Cleveland	June 23-27	Philadelphia
1940	June 25-28	Chicago	July 15-18	Chicago
1944	June 26-28	Chicago	July 19-21	Chicago
1948	June 21-25	Philadelphia	July 12-14	Philadelphia
1952	July 7-11	Chicago	July 21-26	Chicago
1956	Aug 20-23	San Francisco	Aug 13-16	Chicago
1960	July 25-28	Chicago	July 11-14	Los Angeles
1964	July 13-16	San Francisco	Aug 24-27	Atlantic City
1968	Aug 5-8	Miami Beach	Aug 26-29	Chicago
1972	Aug 21-23	Miami Beach	July 10-14	Miami Beach
1976	Aug 15-19	Kansas City	July 12-15	New York
1980	July 14-17	Detroit	Aug 11-14	New York
1984	Aug 20-23	Dallas	July 16-20	San Francisco
1988	Aug 15-18	New Orleans	July 18-21	Atlanta
1992	Aug 17-20	Houston	July 13-16	New York
1996	Aug 12-15	San Diego	Aug 26-29	Chicago
2000	July 31-Aug 3	Philadelphia	Aug 13-16	Los Angeles
2004	Aug 30-Sep 2	New York	July 26-29	Boston
2008	Sep 1-4	St. Paul	Aug 25-28	Denver
2012	Aug 27-30	Tampa	Sept 4-6	Charlotte
2016	July 18-21	Cleveland	July 25-28	Philadelphia
2020	Aug 24-27	Charlotte	July 13-16	Milwaukee

On April 23, Prince Edward Island held a parliamentary election. The results: Progressive Conservative twelve, Green Party eight, Liberals six. Because the Greens now have the second-highest number of seats, they are the official opposition. Before the election, the composition had been: Liberal sixteen, Progressive Conservative eight, Greens two, and one independent.

One seat was not filled because the Green Party nominee had died just prior to the election. It will be filled later.

The voters also voted on whether to use proportional representation in future elections. The idea received 48.8% of the vote, the closest that proportional representation has ever fared in any state or province of the United States or Canada.

On April 15, former Massachusetts Governor William Weld declared his candidacy for the 2020 Republican presidential nomination. He had been the Libertarian vice-presidential nominee in 2016.

Although potential independent presidential candidate Howard Schultz hasn’t formally declared, he is campaigned in many states during April.

On April 14, the Prohibition Party held a telephone conference call to nominate its 2020 national ticket. C. L. "Connie" Gammon of Tennessee is the presidential nominee; Phil Collins of Nevada is the vice-presidential nominee. The Prohibition Party is ballot-qualified in Mississippi but no other state.

On March 30, Louisiana held a special election to fill a vacancy in the State House, 62^nd district. Independent candidate Roy Daryl Adams was elected, defeating his Republican opponent.

On April 24, Iowa Representative Andy McKean said he will soon change his registration from Republican to Democratic. He is the longest-serving Republican legislator in Iowa. He said he cannot support President Donald Trump for re-election.

Illinois: on April 2, two Libertarian Party members were elected to non-partisan office. Aisha Pickett was elected Treasurer of Harvey, and Brandon Wisenburg was elected Village Trustee of Peoria Heights.

Missouri: on April 2, a Constitution Party member, John Blazek, placed second for St. Charles alderman, ward 9. There were two other candidates, a Republican (who won), and a Democrat.

Oklahoma: on April 2, two Libertarian Party members were elected to non-partisan office. Josh Clark was elected to the Dale School Board, and Chad Williams won a seat on the Choctaw city council.

The April 1 B.A.N. said that the Arizona legislature had passed SB 1154, which moves the petition deadline for a newly-qualifying party from February to November of the year before the election. Actually the bill had only passed three-fourths of the way through the legislature, and it still hasn’t passed the House. However, it is still considered likely that the bill will pass.