Texas Bill that Both Helps and Hurts Ballot Access is Signed

On June 10, Texas Governor Greg Abbott signed HB 2504. It makes it easier for a party to remain on the ballot. The old vote test was either 2% for Governor, or 5% for any statewide race. The new vote test is 2% for any statewide office at any of the last five elections. The bill has the effect of putting the Green Party on the ballot for 2020, because it polled over 2% for a few statewide races in 2016.

Unfortunately, the same bill imposes filing fees on the nominees of parties that nominate by convention, which includes all parties other than the Republican and Democratic Parties.

Briefs Filed in Georgia Ballot Access Case

On June 9, briefs on both sides were filed in the Georgia Libertarian Party ballot access case that challenges the requirements for parties that did not get 20% of the vote for president or governor in the last election to be able to run candidates for U.S. House. These procedures require a petition of 5% of the registered voters in the district. They are so difficult, they have existed since 1943, and have never been used by any party. No independent has complied with the law since 1964.

Both sides are seeking summary judgment. If the judge decides that either side has proved its case, she will either uphold the law or declare it unconstitutional. If she decides in favor of neither party, she will hold a trial. Here is the Libertarian Party brief.

Here is the state’s brief.

New York State Presidential Primary Procedures Bill Introduced

On June 6, bills were introduced in both houses of the New York legislature to set up rules for the 2020 presidential primaries. They are A8176 and S6374. Both bills are identical. Here is the text.

Section four of the bill includes the procedures for the all parties other than the Democratic Party. Delegates do not appear on the primary ballots. Presidential candidates get on by any of these methods: (1) by showing that they have raised at least $5,000 in each of twenty states (whether they choose to take matching funds or not); (2) by being acknowledged as candidates in the media: (3) with a petition which is the lesser of 5,000 signatures of party members, or 5% of the registered voters of that party.

Section three of the bill includes the Democratic Party procedural, which requires presidential candidates to submit 5,000 signatures of party members, and also requires delegate candidates from any particular US House district to submit 500 signatures. New York is the only state in which presidential primary ballot access is more difficult for Democratic presidential candidates than for other presidential candidates. Thanks to Josh Putnam for the news about the bill.

Florida Governor Signs Bill Making it Tougher to Get Initiatives on Ballot

On June 7, Florida Governor Ron DeSantis signed HB 5, the bill that makes it more difficult for statewide initiatives to get on the ballot. It requires each petition sheet to have its own particular number. It had been thought that the Governor might veto this bill because of this provision. The government will now incur greater costs. Also it makes it illegal to pay out-of-state circulators on a per-signature basis, and imposes severe periodic reporting on financing the inititive. The bill will surely result in litigation.