Iowa Senate Passes Bill Making Ballot Access More Difficult

On April 17, the Iowa Senate passed HF 692, which makes ballot access for independent candidates, and the nominees of unqualified parties, more difficult.

It increases statewide petitions from 1,500 signatures to 4,000 signatures, and adds an unconstitutional county distribution requirement of 200 signatures from each of ten counties.

It increases U.S. House petitions from 375 signatures to 2,000, and says there must be 77 signatures from each of half the counties in the district. No other state has ever had a county distribution requirement for U.S. House petitions, and that would be unconstitutional as well.

It increases the petition for State Senate petitions from 100 signatures to 200, and increases State House petitions from 50 to 100.

It moves the petition deadline for non-presidential petitions from mid-August to early June. It says that the names of parties can be abbreviated on the ballot, as long as the instructions part of the ballot explains the abbreviations. It makes it easier to invalidate signatures.

The bill passed 31-18. One Republican Senator, Dennis Guth, did not vote; otherwise all the Republicans voted “yes” and all the Democrats voted “no.” Senator Brad Zaun, a Republican, had promised to vote “no” but he did vote “yes”, which means the Republican leadership in the Senate probably put a great deal of pressure on every Republican to support the bill. The bill now goes to the House. When it had passed the House the first time, it did not have the ballot access amendments in the bill. The bill is an omnibus election law bill. Thanks to Nathan Hetzel for this news.

Lawsuit Against Exclusion of Independent Voters from North Carolina Election Boards gets a New Start

On April 15, Michael Crowell, an independent voter in North Carolina and an attorney, filed a new complaint in his lawsuit Crowell v Cooper, m.d., 1:17cv-515. The case was filed two years ago and has never had a decision. It challenges North Carolina law for mandating that only members of the two largest parties can serve on the State Board of Elections, or on a county board.

Here is the new complaint. The case has been stalled because the composition of the state board has been changing for the last few years. The legislature has been tinkering with the composition, and state courts have been either invalidating or validating some of those changes. The U.S. District Court handling Crowell’s case had asked him to hold the case until the changes stopped. Now it is ready to move ahead. The complaint has a good account of all the changes that have gone on in the last two years.

Two California Ranked Choice Bills Will be Heard in Committee on April 23

The California State Senate Elections Committee will hear two bills involving ranked choice voting on April 23, Tuesday. One is SB 641, to allow ranked choice voting for special U.S. House and legislative elections. Read it here.

The other is SB 212, to let non-charter cities and non-charter counties used ranked choice voting for elections for their own officers. Currently charter cities and charter counties can do this, but not general law cities and counties. Here is the text.

State Senator Ben Allen (D-Santa Monica) is the sponsor of both bills.

U.S. District Court Will Hear West Virginia Local Initiative Case on April 19, Friday

A U.S. District Court in Clarksburg, West Virginia, will hear Hyman v City of Salem on Friday, April 19, at 12:30 pm. This is the case that challenges the action of the city of Salem. After a local initiative to decriminalize marijuana got enough valid signatures, it was still removed from the ballot, because the city believed that if the initiative passed, it would be null and void because the city did not have the authority to decriminalize marijuana.

The lawsuit argues that it violates due process for non-judicial government employees to refuse to certify an initiative, just because they don’t think the initiative would be legally binding if it passed. The plaintiffs argue that the city must allow the initiative on the ballot, and if it passes, then a court could decide whether it is valid. The election is in June so the matter will be settled quickly.

District of Columbia Statehood Bill Now Has 203 Co-Sponsors

HR 51, the bill in the U.S. House to make the District of Columbia a state, now has 203 co-sponsors. It has gained two co-sponsors so far in April.

By contrast, HR 1965, the bill Puerto Rico statehood bill introduced by Congressman Darren Soto, only has one co-sponsor.

HR 1681, the ballot access bill introduced by Congressman Justin Amash, has no co-sponsors.

HJR 7, the bill to abolish the electoral college, only has seven co-sponsors.