Georgia Omnibus Election Bill Signed Into Law, Will Have Consequences for Ballot Access

On Thursday, March 25, the Georgia Senate passed the House version of SB 202, and shortly afterwards, Governor Brian Kemp signed it.

Here is a news story about the bill, which changes many election laws.

Although the bill has no changes to ballot access law, it will affect ballot access indirectly. The Georgia Libertarian Party has been suing the state over the ballot access restrictions for U.S. House, ever since 2017. The case is still in U.S. District Court, and is fully briefed. Cowen v Rafensperger, n.d., 1:17cv-4660. The state’s chief argument for its restrictions is that if minor parties and independent candidates can get on the November ballot for U.S. House, that will increase the number of U.S. House races which need a runoff. In Georgia, if no one gets 50% of the vote, there must be a runoff. Obviously when the state only permits two candidates on the ballot (which is the case), there is no need for a runoff, except in the extremely unlikely possibility of a strong write-in candidate.

The state says it is very undesirable to hold a runoff for Congress, because runoffs can’t be held until January of the year after the election, so a Georgia member of congress elected in a runoff doesn’t even get to Congress until after that session of Congress has started. But SB 202 changes the runoff schedule. The new law says runoffs will be only four weeks after the November election, not nine weeks. This compressed schedule is achieved by using ranked choice voting for overseas absentee ballots. So now, the state’s main argument for the ballot access restrictions is eliminated.

Tennessee Ballot Access Bill Defeated in Subcommittee

On March 10, the Tennessee House Elections & Campaign Finance Subcommittee of the Local Government Committee defeated HB 609. It would have lowered the petition to recognize a new party from 2.5% of the last gubernatorial vote, to .5%. It also would have lowered the vote test for retention of party status from 5% for any statewide race, to 1% for Governor.

The author was Representative Bud Hulsey (R-Kingsport).

An identical bill, SB 651, is pending in the State Senate. It is sponsored by Senator Mark Pody (R-Lebanon).

Georgia House Passes Bill to Use Ranked Choice Voting for Overseas Absentee Ballots

On March 25, the Georgia House passed SB 202, which changes many election laws. One of the changes is that overseas absentee voters would use ranked choice voting. This makes it possible for the state to hold general election runoffs four weeks after the November election, instead of nine weeks. This is because federal law requires states to give lots of time for ballots to be received from overseas voters. But by using RCV, the state need not send a separate runoff ballot to overseas voters.

The bill also changes special elections for partisan office. Currently these elections have no party nominees, but the bill provides that parties in the future would have their own nominees in special elections.

Lots of other changes in the bill are described in this news story. Because the house and senate versions of the bill differ, the bill needs to return to the State Senate. The legislature adjourns March 31.

Sacramento Bee Story Says California Gubernatorial Recall Would Have Failed Without Court Extension of Petition Deadline

This Sacramento Bee story says that the current California gubernatorial recall petition would have failed, except that last year a state trial court granted more time to collect the signatures. However, it wasn’t surprising that the recall proponents won the lawsuit, because earlier the same judge had also granted an extension for two initiative petitions. In the earlier lawsuit granting more time for the two initiatives, the Secretary of State did not oppose the lawsuits.

The two initiatives that received a deadline extension related to plastic waste, and sports gambling. Generally Democrats in state governmemt favored these two initiatives.