Summary of New Mexico Election Law Bills that Passed and Failed This Year

The New Mexico Political Report has this useful summary of important election law bills that passed this year in the legislature, and those that failed.

The article mentions HB 407, but implies that it doesn’t change anything of importance. Actually HB 407, the omnibus election law bill, made big improvements for ballot access for independent candidates. So far it is the only bill that has passed the legislature of any state this year that eases ballot access, except for the New York bill that cut the primary petitions for 2019 primaries (but not primaries in future years).

Nevada Democrats Propose Making Caucuses More Like a Primary

On March 20, the Nevada Democratic Party released a plan to change its presidential caucuses in 2020. The plan will go into effect, assuming the national Democratic Party approves it. Caucuses have always been criticized in the past because if the caucus is on an evening in which some people are working, or can’t attend for another reason, they can’t vote. The new plan allows five different days for participation. See this story. Thanks to Steve Kamp for this news.

Kentucky Bill Signed that Moves Declaration of Candidacy for Independents and Convention Parties from April to January

On March 19, Kentucky Governor Matt Bevin signed HB 114. It moves the deadline for candidates for state office to file a declaration of candidacy from April 1, to the last Tuesday in January. It has an emergency clause so it takes effect immediately.

Kentucky elects all its statewide state executive officers, including Governor, in the odd years before presidential election years. The Libertarian Party has no members who had already filed a declaration of candidacy for any of those offices, so now the Libertarians can’t run for any of those offices this year, even though the party is ballot-qualified.

There are many precedents that it violates due process to make ballot access more difficult in the middle of the election year season. If any Libertarian, or any independent candidate, were to sue that this new law can’t be applied to the 2019 election, it is highly likely that the lawsuit would win. For independents and the nominees of unqualified parties, the petition itself is not due until August 2019. UPDATE: the Libertarian Party has a pair of candidates for Governor and Lieutenant Governor, and they are likely to sue.

Hawaii Bill on Presidential Tax Returns Advances

On March 18, the Hawaii House Judiciary Committee passed SB 94. It requires general election presidential candidates to post their latest federal income tax return on their own web page. It also forbids presidential electors from voting for anyone who has not done that.

The vote was 6-2. The two “no” votes were the Speaker of the House, Calvin K. Y. Say, and the legislature’s longest-serving Republican, Cynthia Thielen.