Oklahoma Bill Would Require Primary Candidates to File in January, Before the Petition Deadline for a New Party to Get on the Ballot

Posted on by February 9, 2019
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All qualified parties in Oklahoma nominate by primary. Current law says candidates file for the primary in April. Current law says the petition deadline for newly-qualifying parties is March 1.

Representative Sean Roberts (R-Hominy) has introduced HB 2338, which moves the deadline for a primary candidate to file a declaration of candidacy to mid-January. The bill does not amend the law that says new parties must qualify by March 1. The bill, therefore, creates a problem for new parties that don’t qualify until after it is too late for any candidates to file to run in that party’s primary. The bill has a hearing in the House Ethics and Elecctions Committee on February 12.

West Virginia Bill, Requiring Petitioning Candidates to File a Declaration of Candidacy in January, Passes Committee

Posted on by February 8, 2019
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On February 7, the West Virginia House Government Organization Committee passed HB 2692. It says that an independent candidate, and the nominee of an unqualified party, must file a declaration of candidacy in January, on the same date that candidates running in the May primary must file.

It is surprising that the committee passed the bill, because in 2016, after the West Virginia Supreme Court construed West Virginia election law to require independent candidates to file a declaration of candidacy in January, a U.S. District Court ruled that the law was unconstitutional. Daly v Tennant, southern district, 3:16-8981. The plaintiffs in that case were a Socialist Equality Party nominee for the legislature, and Darrell Castle, the Constitution Party’s presidential nominee. Thanks to Jeff Becker for the news about HB 2692.

Bill for Statehood for District of Columbia Now Has 195 Co-Sponsors

Posted on by February 8, 2019
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HR 51, the bill in Congress for statehood for the District of Columbia, has 195 co-sponsors as of February 8. It has gained 40 co-sponsors in the last thirty days.

By contrast, other election-related constitutional amendments are not gaining co-sponsors. HJR 7, to provide for a direct popular election of the president, only has four co-sponsors and has not gained any co-sponsors since January 11. HJR 26, to increase the terms of U.S. House members from two years to four years, still has no co-sponsors.

Eleventh Circuit Refuses to Dismiss Lawsuit Over Georgia Vote-Counting Machines

Posted on by February 8, 2019
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On February 7, the Eleventh Circuit defeated an attempt by Georgia to dismiss Curling v Secretary of State of Georgia, 18-13951. In 2017, some Georgia voters had filed a federal lawsuit against the use of machines that don’t leave a paper trail. The case is still pending in U.S. District Court. The U.S. District Court Judge had made some rulings showing support for the case, but denying injunctive relief for the 2018 election because there wasn’t enough time to set up new machines.

The state then tried to persuade the Eleventh Circuit to dismiss the case, based on the Eleventh Amendment and standing, but the Eleventh Circuit kept the case alive. Here is the 16-page ruling.