Iowa Bill to Make Deadlines for Independent and Minor Parties More Restrictive

Posted on by February 13, 2019
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Iowa Representative Mary Ann Hanusa (R-Council Bluffs) has introduced HF 335, which moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August to early June. The U.S. Supreme Court decision Anderson v Celebrezze, 460 US 780 (1983) suggests that the bill would be unconstitutional. Six lower courts have invalidated June petition deadlines.

The Ninth Circuit invalidated Arizona’s June 9 independent presidential deadline in Nader v Brewer, 531 F 3d 1028 (2011). A U.S. District Court invalidated South Dakota’s June 20 independent presidential deadline in Nader v Hazeltine, 110 F Supp 2d 1201 (2000). A U.S. District Court invalidated Kansas’ June 10 independent deadline in Merritt v Graves, unreported (the state conceded the deadline was too early, so there is no decision). A U.S. District Court enjoined the Nevada June 10 deadline for independent candidates and newly-qualifying parties in Fulani v Lau, unreported, in 1992. An Alaska trial court enjoined the June 1 deadline for independent candidates and the nominees of unqualified parties in Sigler v McAlpine in 1988. And the Ninth Circuit invalidated the Idaho petition deadline for newly-qualifying parties in Populist Party v Evans, unreported, in 1984. That deadline was sometimes late May and sometimes early June, depending on the calendar. Thanks to Nick Sarwark for the news about the Iowa bill.

New York Legislature Passes Bill Lowering Primary Petition Requirements for 2019 Only

Posted on by February 12, 2019
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On February 12, the New York Senate passed AB 2570, which cuts the number of signatures down to only one-fourth of the normal requirement, for 2019 primary candidates. The bill had already passed the Assembly. The rationale for the law is that it is too difficult to collect signatures in winter weather. In the last seventy years, the normal petitioning period for New York primary candidates has been in the spring. But this year, and in future years, because the primary is in June (instead of September), primary candidates are having a difficult time collecting signatures. The bill does not apply to office inside New York city because the bill’s author didn’t think that the problem exists in New York city.

Sponsor of Arkansas Bill Moving the Primary from May to March Postpones Hearing

Posted on by February 12, 2019
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Arkansas SB 276, which moves the primary for all office from May to March, was scheduled to be heard in the Senate Committee on State Agencies and Government Affairs on Tuesday, February 12. However, the bill’s sponsor did not present the bill. It may be heard in the next committee meeting on Thursday, February 14.

The bill would have the indirect effect of moving the petition deadline for new parties from January to November of the year before the election.