California Reduces Petitions in Lieu of Filing Fee for District Office, for 2022 Only, Due to Late Redistricting

California petitions in lieu of filing fee for 2022 only are reduced, under SB 594, which was signed into law on September 27, 2021. However, the petitioning period is shorter than normal, because redistricting was late.

For 2022 only, State Senate and U.S. House candidates need 1,358 signatures instead of 2,000. Assembly candidates need 679 instead of 1,000. However, they are due February 9, little more than a month from now.

Signatures on California in lieu petitions are never wasted. The petitions don’t need to be complete. Every valid signature reduces the amount of the filing fee. If the petition is completed, then no filing fee is required. Thanks to Dave Kadlecek for this news.

U.S. District Court Puts Maine Libertarian Party on the Ballot for 2022

On December 31, U.S. District Court Lance E. Walker issued an order in Baines v Bellows, 1:19cv-509. The order puts the Libertarian Party on the ballot for the 2022 election. It allows Libertarians who want to get on the June Libertarian primary ballot to collect nomination signatures from independent voters as well as Libertarian registrants.

Primary petitions require 2,000 signatures for Governor, so it still won’t be easy for Libertarians to get on the Libertarian primary ballot for Governor, because the only voters who can sign will be about one-third of the electorate. U.S. House candidates need 1,000 signatures. But it will be easy for Libertarians running for the legislature to get on the Libertarian primary ballot, because State Senate candidates need 100 signatures and State House candidates need 25.

Maine doesn’t have a U.S. Senate election in 2022, and doesn’t elect any statewide officers other than Governor.

The order does not apply to the Green Party, because the Green Party was not a plaintiff nor an intervenor in the lawsuit. It seems somewhat likely that the Secretary of State will extend this relief on primary petitions to the Green Party. If not, presumably the Green Party will sue.

The order also instructs election officials to contact all voters who were registered Libertarians in 2018, and who were converted to independents when the party went off the ballot. The postal letter will explain that the voter had been unlawfully converted from a Libertarian to an independent, and will ask that voter to return a postage-paid form if the voter wants to regain membership in the Libertarian Party.

The Secretary of State is not required to reprint any voter registration forms to list the party as a choice. But whenever the Secretary prints new cards, they must include the Libertarian Party. The Secretary of State’s on-line registration form will be immediately changed to list the Libertarians as a choice.

Oregon Supreme Court Rules that Inactive Voters Can’t Sign Petitions

On December 30, the Oregon Supreme Court issued a one-paragraph opinion, upholding a decision of the State Court of Appeals that signatures of persons on the inactive voter list are not valid. Whitehead v Fagan, S068382.

The decision relates to whether a statewide initiative, Petition 50, should be on the ballot. It had enough valid signatures if inactive voters counted, but now it won’t appear on the ballot. The subject of the initiative is for a carbon-free economy by the year 2050.

The decision seems irrational. The reason voters are transferred to the inactive list is that the post office has indicated the person has moved and has not re-registered at the new address. But when such a voter signs an initiative petition, that voter is giving fresh information about his or her current address. In many states, the new information about the address is then used to transfer that voter back to the active list, and to count the signature.

Georgia Governor Signs Redistricting Bills for U.S. House and Legislative Districts

On December 30, Georgia Governor Brian Kemp signed the bills to redistrict the state’s U.S. House and legislative districts. He waited until almost the last day to do that. A few minutes after he signed the bills, a federal lawsuit was filed challenging the new legislative district boundaries. Alpha Phi Alpha Fraternity v Raffensperger, case number not assigned yet. Check back here tomorrow for a link to the Complaint, which alleges a racial gerrymander.

The petitioning period for independent candidates and the nominees of parties that didn’t poll 20% for President in the entire U.S., or Governor, opens in two weeks, but if there is uncertainty about the district boundaries, candidates can’t start to petition. The petition deadlines are in mid-July.