Texas House Passes Bill Requiring Convention Nominees to Pay Filing Fees, and Easing Vote Test for a Party to Remain on Ballot

Posted on by May 11, 2019
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On May 10, the Texas House passed HB 2504.  It requires candidates nominated in convention to pay filing fees.  Currently only primary candidates pay filing fees, because Texas filing fees were always intended to help pay for the election administration costs of primaries.  The Libertarian Party is the only party on the ballot now that nominates by convention.  In the recent past, the Green Party did also.  The bill passed 77-57, with all Republicans who voted voting “yes”, and all Democrats except one who voted, voting “no.”

The bill also says that if a party polled at least 2% for any statewide race in any of the last five elections, it is ballot-qualified.  If this provision becomes law, the Green Party will be on the ballot in 2020, because in 2016 it polled over 2% for Railroad Commissioner and two statewide judicial races.  Thanks to Jim Riley for this news.

Florida Legislature Passes Bill Requiring All Initiative Petitions to Have Their Own Unique Number

Posted on by May 10, 2019
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On May 3, the Florida legislature passed HB 5, which requires that each initiative petition form must have its own unique number.  If this bill is signed, then the government will need to provide blank petition forms.  Under the old law, groups circulating an initiative print their own forms.  See this story.  Local election officials are complaining abut this bill, and it is possible it will be vetoed.

Subpoena Issued for President Trump’s Tax Returns

Posted on by May 10, 2019
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On May 10, Congressman Richard Neal (D-Massachusetts), chair of the House Ways & Means Committee, issued a subpoena to the IRS for copies of President Trump’s tax returns for the last six years.  This is pursuant to a 1924 law that says Congress may obtain any taxpayer’s tax return.

If the returns are obtained, that might decrease the chances that any state will pass a bill denying ballot access to candidates who don’t reveal their tax returns.  Thanks to Political Wire for this news.

Alabama Plans to Ask the U.S. Supreme Court Not to Hear Ballot Access Case

Posted on by May 10, 2019
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James Hall, an independent candidate for U.S. House in an Alabama special election, has a ballot access appeal pending in the U.S. Supreme Court, Hall v Merrill, 18-1362.  The state has asked the U.S. Supreme Court to extend the deadline for its voluntary response from May 30 to June 29.  This is an obvious signal that the state expects to file a response.

Usually, when a minor party or independent candidate files a cert petition with the U.S. Supreme Court, the state responds by declining to respond.  The U.S. Supreme Court hasn’t accepted a cert petition filed by a minor party or independent candidate in a ballot access case since 1991, unless the minor party was a co-plaintiff along with either the Democratic or Republican Party, or both.

The issue in the Alabama case is whether a petition requirement of 3% of the last gubernatorial vote is too difficult in a special congressional election, when the 6,000 or so signatures must be gathered in a short time.  The U.S. District Court had struck down the law as applied to special U.S. House elections, but then the Eleventh Circuit erased the U.S. District Court decision and said the District Court should not have ruled, because it ruled after the election was over.  The 2-1 majority on the Eleventh Circuit felt the case was moot.

Maine Bills to Establish a 2020 Presidential Primary May Not Pass

Posted on by May 10, 2019
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On May 10, the Maine joint legislative committee that handles election law bills had a working session on the bills that would create a 2020 presidential primary.  The committee tabled LD 1083, which would have set up a ranked-choice presidential primary.  It hasn’t made up its mind about the other bills.  See this description of the working session at FrontloadingHQ.