New York City Elects Public Advocate in Special Election on February 26

New York city elects three citywide officers, including Public Advocate. Before 1994, the office was “President of the City Council.” The office is fundamentally like Vice-Mayor; in other words, if the Mayor position becomes vacant, the Public Advocate becomes Mayor.

Public advocate is a partisan office in regular elections, but it is non-partisan in special elections. The previous elected Public Advocate was elected New York State Attorney General last year, so the Public Advocate position is being filled with a special election. Candidates needed 3,750 signatures to get on the February 2019 ballot. Seventeen qualified. Here is the list.

Candidates may have a label on the ballot next to their names, but the label can’t be the name of a political party.

Wyoming Ballot Access Bill Defeated in Committee

On February 4, the Wyoming House Corporations defeated HB 225 by 2-6. It would have eased the petition requirements for independent candidates and newly-qualifying parties, from 2% of the last US House vote, to 1%. It would also have lowered the vote test for a party to remain on from 2% to 1%. The bill’s sponsor was Representative Dan Zwonitzer (R-Cheyenne).

For the Tenth Time, New York Assemblyman J. Gary Pretlow Introduces Bill to Double Vote Test for “Party” Definition

New York Assemblymember J. Gary Pretlow (D-Mt. Vernon) recently introduced AB 2603, to double the number of votes needed for a group to be a “political party” from 50,000 votes for Governor, to 100,000. This is the tenth session in a row that he has introduced the same bill. In no session did his bill make any headway.

The latest bill says it takes effect after the 2020 election, so if it were signed into law, the Libertarian, Independence, and SAM Parties would go off the ballot without having had a chance to go through another gubernatorial election to meet the new requirement.

The last time the New York legislature passed a bill to increase the number of votes for party status, in 1935, it wrote the bill to not take effect until after the next gubernatorial election, so as to respect due process.

New Hampshire Bill to Permit Non-Members of a Party to Run in that Party’s Presidential Primary

New Hampshire Representative David Huot (D-Laconia) has introduced HB 588. It expands eligibility for candidates to run in a presidential primary. Currently the law says no one may file to run in a presidential primary unless the candidate is a member of that party. The bill allows non-members of a party to run in its primary if the party recognizes that the candidate is seeking its nomination.

In 2016, the New Hampshire Secretary of State threatened to keep Bernie Sanders off the Democratic presidential primary ballot because Sanders was not a Democrat. In the end the state allowed Sanders to file, but this bill would conform the law to actual practice. In any event, in 1986 the U.S. Supreme Court said in Tashjian v Republican Party of Connecticut that the First Amendment protects a party’s right to nominate a non-member if that is what the party wants to do.