Wyoming Bill to Make Ballot Access for Independent Candidates More Difficult

On January 31, as already reported, the Wyoming House passed HB 173, which makes ballot access for independent candidates more difficult. As originally introduced, it raised the petition requirement from 2% of the last U.S. House vote, to 5%. It moved the petition deadline from August to May.

When it was passed on the House floor, it was amended to make the petition requirement 3% for statewide office, but 5% for legislative independent candidates. The deadline was changed from May to early June.

The bill also adds a provision saying no one can use the independent candidate procedure who is not a registered independent. If the bill becomes law, that provision would be unconstitutional as applied to independent presidential candidates. Courts have unanimously ruled that states cannot require presidential candidates who use the independent procedure to be registered independents. There are only three precedents:

1. In 2004 the Pennsylvania Supreme Court ruled in In re Nader, 956 A 2d 908, that the fact that Peter Camejo was a registered Green was not reason to keep him off the ballot as an independent candidate for vice-president in Pennsylvania. Camejo was the running mate of Ralph Nader that year.
2. In 2020 an Idaho state trial court ruled that the fact that Kanye West was a registered Republican could not be grounds for keeping him off the ballot as an independent. Idaho Democratic Party v Denney, Ada County Judicial District, cv-01-20-14470.
3. In 2020 the Arizona Supreme Court ruled that the fact that Kanye West was a registered Republican could not be grounds for keeping him off the ballot in Arizona as an independent. Clayton v West, 489 P.3d 394.

Wyoming already has the most severe ballot access requirement for presidential candidates running outside the two major parties, on a percentage basis, if the easier method for getting on the ballot in each state is compared. In 2024, Wyoming was one of only five jurisdictions with fewer than four presidential candidates on the ballot. The others were New York, Illinois, North Dakota, and the District of Columbia.


Comments

Wyoming Bill to Make Ballot Access for Independent Candidates More Difficult — 14 Comments

  1. 14-1 and Brown vs. Board of Ed does not apply, no matter how many times the AZ spambot spews it out.

  2. which gang has the most un-equal ballot access lawson violation of 14-1 AMDT equal protection clause-

    commie donkeys or fascist elephants in the States ???

  3. It’s inaccurate to say anything is unconstitutional just because the supreme court has previously decided so, because precedents have been overruled many times. It would be more accurate to at least say “court precedents suggest that..” or however you want to phrase that.

  4. I’m convinced one of these government agencies is funding the AZ spambot. That would explain why all of the fake news stories about Trump

  5. Well I’m Donald Trump, the one they’re talking about, if you talk crap about me you’ll get punched in the mouth.

    If you disrespect me, forget about it, forget it. Best case for you is you’ll survive to regret it.

    I’m the Boss of all Bosses, King of all Kings. I bring the world hope, I’m why we have nice things.

    Last time I took human form, I got crucified. This time around, I won’t be so nice.

    If you think bad about me, stop trusting fake media. Go to conservapedia.com and read conservapedia.

    But even if you’re not smart enough to, or have no eyes to see, you’re still smarter than to take seriously the spambot “AZ”

  6. https://constitution.congress.gov/browse/essay/amdt14-S1-8-6-7/ALDE_00013631/

    Home > Browse the Constitution Annotated > Fourteenth Amendment—Equal Protection and Other Rights > Section 1—Rights > Amdt14.S1.8 Equal Protection > Amdt14.S1.8.6 Voting Rights > Amdt14.S1.8.6.7 Ballot Access
    Amdt14.S1.8.6.6Racial Vote Dilution and Racial Gerrymandering
    Amdt14.S1.8.7.1 Overview of Non-Race Based Classifications
    Amdt14.S1.8.6.7 Ballot Access

    HOW MANY 14-1 AMDT EP CL SCOTUS CASES ???

    NEW SCOTUS CASES N-O-W GET QUICKLY ADDED TO CONST ANNO.

  7. The precedents mentioned in the blog post aren’t using the 14th amendment. They are using Article Two of the original Constitution, and there are deadline precedents the blog post doesn’t mention that are based on the First Amendment.

  8. It was a response to the spambot’s output directly above my comment, not to the article. The response to the article is further above.

  9. Ballot access for independent candidates is already difficult in Wyoming. I have worked petition drives in Wyoming twice. Wyoming has a low rate of voter registration. There are only two ways to register to vote there. Either the voter registration form has to be filled out at a county election office in front of a county election clerk or people can register to vote at polling places on election days. Election day voter registration is not advertised that much in Wyoming so a lot of people do not even know about it. Wyoming does not have voter registration and driver’s license offices and people can’t distribute voter registration forms to the public. Also, Wyoming is the only state in the country which purges people from the voter rolls if a person misses one statewide general election. They do send out postcards to people who missed a primary telling them that they are going to be purged due to having missed one statewide general election and asking them to fill out the card and mail it back if they want to remain on the voter rolls, but most people do not read this postcard. They assume that it is junk mail and they throw it out and then get purged from the voter rolls. Wyoming has a lot of transient workers who go there to work in oil or mining or ranching, and they do not stay for long periods of time, as in they stay for several months or a year or maybe a few years, but they do not intend to become long term residents, so they do not register to vote there. It is also a state with sparce population, so there are not a lot of locations there with enough regular public foot traffic where one will not get kicked out that are any good for gathering petition signatures. Also, for independent candidates, a Wyoming registered voter can only sign a petition for one independent candidate for each office. So ballot access for independent candidates is already difficult in Wyoming, so it should not be made even more difficult. It should be made a bit easier if anything.

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