Iowa Representative Mary Ann Hanusa (R-Council Bluffs) has introduced HF 335, which moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August to early June. The U.S. Supreme Court decision Anderson v Celebrezze, 460 US 780 (1983) suggests that the bill would be unconstitutional. Six lower courts have invalidated June petition deadlines.
The Ninth Circuit invalidated Arizona’s June 9 independent presidential deadline in Nader v Brewer, 531 F 3d 1028 (2011). A U.S. District Court invalidated South Dakota’s June 20 independent presidential deadline in Nader v Hazeltine, 110 F Supp 2d 1201 (2000). A U.S. District Court invalidated Kansas’ June 10 independent deadline in Merritt v Graves, unreported (the state conceded the deadline was too early, so there is no decision). A U.S. District Court enjoined the Nevada June 10 deadline for independent candidates and newly-qualifying parties in Fulani v Lau, unreported, in 1992. An Alaska trial court enjoined the June 1 deadline for independent candidates and the nominees of unqualified parties in Sigler v McAlpine in 1988. And the Ninth Circuit invalidated the Idaho petition deadline for newly-qualifying parties in Populist Party v Evans, unreported, in 1984. That deadline was sometimes late May and sometimes early June, depending on the calendar. Thanks to Nick Sarwark for the news about the Iowa bill.
This bill is completely out of line and a gross overreach by elected representitives to stifle any fair competition in the political arena…you should be ashamed of yourself…if a third party candidate is not as viable as other candidates, that’s for the public to decide, not some over zealous facist trying to grip lock the political process…I may have voted for a traditional party candidate, but not if this bill passes…please vote no on this proposal…
The rate at which the Libertarian Party is growing and growing in vote totals is unprecedented. It would be hard for me to believe that this is not in direct response to our successes. We have regularly jumped through every hoop that has been asked of us as an additional political party in the state. The bill is very much unconstitutional and a slap in the face to the Iowans that have spent countless hours working to be recognized in our system. This is as much of an attempt to exert control over free and transparent elections as anything that I have seen in the state.
This is Big Old Party partisan thuggery ! No public interest is served here, it is conspicuously unconstitutional, undemocratic, un American ! Iowa: Our Liberties we prize and our Rights we will maintain “? !! Proposal demonstrates that any Representative proposing or supporting this is in VIOLATION of their oath of office and should be REMOVED !