Massachusetts Bill to Cut Primary Petitions to Approximately One-Third of Normal

On March 25, five Massachusetts state representatives, all Democrats, introduced HB 4981. For 2020 only, it reduces the number of signatures to get on a primary ballot. The more important statewide offices now require 10,000 signatures, but the bill cuts that down to 3,300. The less important statewide offices now need 5,000, but the bill lowers those to 1,650. US House petitions would drop from 2,000 to 660 signatures.

The five sponsors are Patrick J. Kearney, Michelle Dubois, Maria Robinson, Nika Elugardo, and Denise Provost. So far the bill has not had a hearing. Petitions for 2020 primaries are due May 5.

Florida Ballot Access Case Moves Ahead

U.S. District Judge Mark Walker will hold a status conference in Independent Party of Florida v Lee, n.d., 4:20cv-110, on April 13, Monday, at 2:15 p.m. The purpose of the status conference is to set a date for oral argument. The issue is the Florida law that says if a ballot-qualified party is not recognized by the FEC, it can’t have a presidential nominee unless it submits 132,781 signatures by July 15.

The plaintiffs are the Independent Party and the Party for Socialism & Liberation. Both are ballot-qualified in Florida.

Linda McCulloch, Former Montana Secretary of State, Says Montana Green Party Petition Should be Invalidated Because of How it was Funded

Linda Muculloch, who was Montana’s Democratic Secretary of State 2008-2016, has an op-ed published in several large Montana newspapers that says the state should invalidate the 2020 Green Party petition, which has enough valid signatures, because Republican Party activists paid the circulators to get the signatures.

She ignores the fact that the petition was signed by 11,000 voters. To invalidate the petition would be a violation of the rights of the signers. It would be equivalent to invalidating an election because the winning candidate committed campaign finance infractions. Once a candidate has won an election, and the election returns are not disputed, it would be injury to the voters who supported that candidate to declare the office vacant.

There is no Montana law, or law in any state, that bars persons from paying for a petition drive to qualify a party, even if the payers are not party activists. In 2004, Republicans paid for circulators to place independent presidential candidate Ralph Nader on the Michigan ballot. The Democratic Party tried to invalidate the petition (which had enough valid signatures), but the Michigan State Appeals Court properly said there is no basis to invalidate a petition for a candidate just because the candidate himself didn’t arrange for the payment of the circulators. DeLeeuw v Board of State Canvassers, 688 NW 2d 847 (2004).

The real problem with the Montana election law is that it forces small qualified parties to nominate by primary. The Green Party wants to be on the ballot in Montana, especially for president; but it doesn’t wish to run anyone for U.S. Senate. If the party could nominate by convention, it would be free to avoid the Senate race. But because Montana forces it to nominate by primary, and has an open primary, there is nothing the party can do to avoid having a Senate candidate. McCulloch, as a former Secretary of State, ought to be aware of that. McCulloch is on the Board of Advisors to “Let America Vote”, yet she is trying to prevent Montana voters from voting for the Green Party in 2020.