New Hampshire Bill to Convert Primaries from Semi-Closed to Closed

New Hampshire Representative David Love (R-Derry) has introduced HB 1166. It would convert primaries from semi-closed to closed. Currently an independent voter may choose a partisan primary ballot on primary day. The bill would restrict primary voters to those voters who had been a member of the party for at least the preceding four months.

If passed, the bill would be unconstitutional as applied to any party that wanted to let independents continue to choose its primary ballot. The U.S. Supreme Court ruled in Tashjian v Republican Party of Connecticut that parties are free to decide for themselves whether to let independents vote in their primaries.

UPDATE: here is the text of the bill. Thanks to Alvin See for the link.

Maine Libertarian Party Files Letter with U.S. District Court, Giving Examples of Courts that Put Parties on Ballot After Law Declared Unconstitutional

As previously noted, in November 2021, a U.S. District Court in Maine struck down two ballot access laws that bar minor parties from the ballot, in a case filed in 2019 by the Libertarian Party. But the judge has not yet ruled on injunctive relief.

On December 29, the party filed a letter with the court, mentioning precedents from other states that say when a ballot access law is declared unconstitutional in a lawsuit filed by a minor party, it is normal for the court to then put that party on the ballot. Here is the four-page letter, which includes three U.S. Supreme Court precedents, won by the American Independent Party in Ohio in 1968, the National Democratic Party in Alabama in 1968, and the Harold Washington Party in Illinois in 1990. The National Democratic Party of Alabama, despite its name, was a minor party not affiliated with the Democratic Party. The letter includes precedents from lower courts as well.

Texas County Election Official Files Federal Lawsuit Against New Law Making it a Crime for Anyone to Suggest that Anyone Apply for an Absentee Ballot

On December 10, two Texas county election officials filed a federal lawsuit against the new law that makes it a crime for anyone to suggest that anyone ask for an application for a mail ballot. That law was passed earlier in 2021. Longoria v Paxton, w.d., 5:21cv-1223. The case is assigned to U.S. District Court Judge Xavier Rodriguez, a Bush Jr. appointee. On December 28, the plaintiffs filed this brief in support of their request for a preliminary injunction. The case says the new law violates the First Amendment.

Texas Candidate Sues to Remove Her Opponent from Primary Ballot Because of a Hyphen

On December 17, Texas Democratic judicial candidate Nadine Nieto filed a lawsuit in state court to remove her opponent from the March 1 Democratic primary ballot in Bexar County. Both women are running for a judicial office.

The lawsuit says the true name of the opponent is Lisa Uresti Dasher, but the opponent listed her name on the declaration of candidacy as Lisa Uresti-Dasher. See this story.

December 2021 Ballot Access News Print Edition

Ballot Access News
December 2021 – Volume 37, Number 7

This issue was printed on white paper.


Table of Contents

  1. RESTRICTIVE BALLOT ACCESS LAWS STRUCK DOWN IN MAINE AND MONTANA
  2. ELEVENTH CIRCUIT UPHOLDS ALABAMA ON ACCESS TO LIST OF REGISTERED VOTERS
  3. HIGH COURT WON’T HEAR OHIO LIBERTARIAN CASE
  4. NEBRASKA SHRINKS TIME FOR NEW PARTY PETITIONS
  5. ALASKA TOP-FOUR OPPONENTS FILE BRIEFS IN STATE HIGH COURT
  6. RANKED CHOICE WINS
  7. INFRASTRUCTURE BILL AND PRIMARY SYSTEMS
  8. GEORGIA
  9. MICHIGAN NATIONAL POPULAR PLAN
  10. MOST CROWDED GENERAL ELECTION BALLOT FOR U.S. SENATE
  11. VOTER REGISTRATION TOTALS
  12. MINOR PARTIES DO POORLY IN 2021 GUBERNATORIAL ELECTIONS
  13. 2022 PETITIONING
  14. FIVE MINOR PARTIES WON AN ELECTION ON NOVEMBER 2, 2021
  15. NEW YORK CITYWIDE OFFICE RETURNS
  16. WEST VIRGINIA INDEPENDENT PARTY WON’T SUE FOR RECOGNITION
  17. SUBSCRIBING TO BAN WITH PAYPAL