Pennsylvania Legislature Likely to Pass Several Election Law Reforms, Including Repeal of Straight-Ticket Device

On October 22, the Pennsylvania Senate State Government Committee amended SB 421 and passed it. The bill repeals the straight-ticket device; eases the deadline for voters to register to vote from 30 days to 15 days before an election; eases the deadline for absentee ballots to be received; lets anyone cast an absentee ballot; legalizes using rubber stamps to cast write-in votes; and repeals the requirement that petition circulators live in the jurisdiction for which the petition applies. It also appropriates money for new vote-counting machines that have an audit trail.

The residency requirement for circulators had already been declared unconstitutional, so that part of the bill merely brings the code up-to-date on actual policy. Thanks to David Sturrock for this news.

Arkansas Libertarian Party Files Brief in Eighth Circuit in Ballot Access Case

On October 21, the Arkansas Libertarian Party filed this brief in the Eighth Circuit in Libertarian Party of Arkansas v Thurston, 19-2503. The U.S. District Court earlier this year enjoined the new petition requirement for new parties, 3% of the last gubernatorial vote. The state is trying to persuade the Eighth Circuit to overturn that order. The state’s reply brief is due November 12.

U.S. District Court Suggests Ohio Elections Commission Can’t Exclude Minor Party Members

Ohio law provides for a seven-member Elections Commission that always has three Democrats, three Republicans, and one independent. On October 22, U.S. District Court Judge Algenon Marbley issued an opinion in Libertarian Party of Ohio v Wilhem, s.d., 2:19cv-2501.

The opinion says that the composition of the Ohio Election Commission, which always excludes minor party members, cannot stand unless the state can show it is needed for a compelling reason. The order says, “The Commission is authorized to find violations of Ohio’s campaign finance laws, assess fines, and refer violations to the local prosecutor. These decisions, in theory, should not bear on political affiliation; rather, they should be objective determinations based on the law. It is difficult to ascertain why an individual who is affiliated with a minor political party cannot effectively perform this function, or even be considered for a position on the Commission.”