Briefs Filed in Georgia Ballot Access Case

Posted on by June 10, 2019
2

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

Posted on by June 10, 2019
1

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

Posted on by June 8, 2019
3

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.

Pennsylvania Supreme Court Upholds Ban on Most Types of Fusion by 4-3

Posted on by June 16, 2019
6

On June 5, the Pennsylvania Supreme Court upheld a state law that does not permit unqualified parties to engage in fusion with qualified parties. Working Families Party v Commonwealth of Pennsylvania, 34 EAP 2017. Pennsylvania does permit the nominees of parties that nominate by primary to engage in fusion with each other. The Working Families Party sued, saying that equal protection should permit unqualified parties to also engage in fusion with a party that nominates by primary. Here is the decision.

The vote was 4-3. Justices David Wecht and Debra Todd, both Democrats, each wrote dissents. Justice Christine Donohue, also a Democrat, joined both dissents. The Wecht dissent is 35 pages, longer than the majority opinion.

Ironically, one justfication mentioned by the court was to protect unqualified parties from being forced to engage in fusion against their will. There are other methods the state could have used to solve this problem, but the court did not mention them.

Seventh Circuit Upholds Petition Requirement for Primary Ballot Access in Cook County, Illinois

Posted on by June 16, 2019
3

On June 5, the Seventh Circuit upheld a challenge to the Illinois ballot access law for primary candidates in Cook County, Illinois. A Democratic candidate for Sheriff needed signatures of one-half of 1% of the Democratic Party vote in the last election, which in 2018 was 8,236 signatures. Acevedo v Cook County Electoral Board, 18-2979. The plaintiff argued that he could not be required to collect more than 5,000 signatures, because statewide primary candidates in Illinois only need 5,000.

The decision says that the plaintiff failed to introduce any evidence showing that it is a severe burden to collect 8,236 signatures. Illinois does not have registration by party, so any voter was permitted to sign if that voter had not signed the petition of anyone else running in the Republican primary that year, or had not signed for another Democrat running for Sheriff.
Here is the 8-page decision.

The decision is by Judge Amy Coney Barrett, a Trump appointee. It is also signed by Judge Amy J. St. Eve, a Trump appointee; and David Hamilton, an Obama appointee. Thanks to Thomas Jones and Rick Hasen for this news.