Texas Bill Authorizing a Later 2022 Primary Passes Legislature

Posted on by August 27, 2021
8

On August 26, the Texas House passed SB 13, which authorizes a later 2022 primary. The bill does not set the date; instead it sets out a formula, keying the date of the primary to the date when redistricting is finished. The vote in the House was 91-25.

The Texas primary date has big implications for ballot access, because petitions for a new party or an independent candidate can’t circulate until after the primary. So if the primary is later, the period for petitioning shrinks. Either that problem will be eased by the legislature, or a court is likely to do so. A ballot access case is already pending against the existing law, Miller v Hughs, w.d., 1:19cv-700. Discovery is almost completed.

California Bill, Making Minor Improvements in Ballot Access for New Parties, Advances

Posted on by August 27, 2021
Reply

On August 26, the California Senate Appropriations Committee passed AB 446 unanimously. This is a bill to make small improvements in the procedure for a group to become a qualified party. The bill lowers the petition to create a new party from 10% of the last gubernatorial vote to 3%. This may seem like a huge improvement, but it is not very meaningful because groups almost never use the petition procedure, because even as amended it would be so difficult. Instead they use the alternate registration test, which requires registration of .33% of the state registration total.

Also the bill clarifies the process for a group to file as a political body. A political body is a group that is trying to use the registration method to qualify. The bill was amended in the Senate Appropriations Committee so it now must return to the Assembly, assuming it passes the Senate. See the new text here. The amendments set forth procedures when a new political body is using the same name, or a similar name, to a past political body that never qualified.

Virginia Republican Party Files Lawsuit to Remove Terry McAuliffe from Ballot Because He Didn’t Sign Declaration of Candidacy

Posted on by August 27, 2021
8

On August 26, the Virginia Republican Party filed a lawsuit in state court to remove Terry McAuliffe, Democratic gubernatorial nominee, from the November 2021 ballot. The suit says McAuliffe didn’t sign his declaration of candidacy in March when he filed for the primary. See this story. Thanks to Tim Phares for the link. UPDATE: here is the Complaint in Republican Party of Virginia v Piper, Circuit Court of Richmond City.