Texas Bill Advances to Require Convention Nominees to Pay Filing Fees

Posted on by April 26, 2019
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On April 1, the Texas House Elections Committee passed HB 2504 by 7-2.  It requires candidates nominated by convention to pay filing fees, or submit a petition in lieu of a filing fee.  Current law says that the only candidates who pay filing fees are those seeking a place on a primary ballot.

The logic of the two U.S. Supreme Court filing fee decisions, Bullock v Carter and Lubin v Panish, suggests that requiring candidates nominated in a convention to pay a filing fee would be unconstitutional.  The two decisions say that filing fees harm voting rights, and therefore they can only exist if they are necessary to keep ballots from being crowded with too many candidates.  But there are no public ballots at conventions; parties run their own conventions without government involvement.  And the Texas general election ballot is not crowded because the ballot access laws are so severe.

The bill does not require independent candidates to pay a filing fee.  If the bill is signed into law, the only immediate effect would be on Libertarian Party candidates.  The Libertarian Party is the only ballot-qualified party that nominates by convention.  The bill is now pending in the House Calendars Committee.  Thanks to Linda Curtis for this news.

Iowa Legislature Abandons Plans to Increase Number of Signatures, but Passes Bill Moving Non-Presidential Deadline to March

Posted on by April 25, 2019
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On April 25, both houses of the Iowa legislature passed HF 692 unanimously.  It is an omnibus election law bill.  It does not increase the number of signatures for independent candidates, or the nominees of unqualified parties.  But it does move the petition deadline, for all office except president, to mid-March.  The Iowa primary is in June, so the deadline change, if signed into law, would almost surely be held unconstitutional.  The U.S. Supreme Court has said the whole purpose of having procedures for independent candidates is to let voters find someone new to vote for, it the two major party nominees are displeasing to a significant segment of the voters.  This applies to all office, not just president.

Earlier this month there had been attempts to increase the number of signatures for independent candidates and the nominees of unqualified parties, but the Libertarian and Green Parties and the Iowa ACLU helped persuade legislators to abandon this idea.

California Senate Passes Bill Making it More Difficult to get on a Presidential Primary Ballot

Posted on by April 26, 2019
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On April 25, the California Senate unanimously passed SB 505.  It makes it more difficult for a candidate to get on a presidential primary ballot.  Current law lets the Secretary of State decide whom to place, but he must place any candidate who is “generally recognized.”

The bill says candidates must satisfy two of these criteria:

(1) qualified to receive primary season matching fund

(2) has participated in a debate hosted by a political party that is qualified to participate in a primary election

(3) on the presidential primary or caucus ballot of another state

(4) the party wants the candidate on the ballot, and he or she must have a campaign office in the state.

Texas Bill to Make it More Difficult for a Party to Remain on the Ballot Passes Committee

Posted on by April 25, 2019
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On April 25, the Texas House Elections Committee passed HB 4416, by 6-3.  It makes it more difficult for a party to remain on the ballot.  Existing law says a party remains on if it polls at least 5% for any statewide race, or 2% for Governor.  The bill changes the 5% to 10%.

An earlier post said this bill had been defeated in committee, because it had been marked “left in committee.”  However, it was revived.

New York Political Leaders Choose April 28 for Presidential Primary

Posted on by April 25, 2019
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The New York Democratic Party has recommended that the legislature move the presidential primary to April 28, and the Governor and leaders of each house of the legislature have agreed.  The New York legislature is now expected to set that date.

This will be the latest presidential primary ever held in New York.  Although the party has had some presidential primaries in April in the past, they were never this late in April.  Thanks to Frontloading HQ for this news.