New Hampshire Primary Date Bill Will be Amended to Remove Harmful Effects for Ballot Access

New Hampshire Representative Kristina Schultz, chief sponsor of HB 643, will amend her bill so that it does not injure ballot access. The purpose of HB 643 is to move the non-presidential New Hampshire primary from September to June. The original bill moved deadlines relating to independent and minor party petitions from August to May, but this was an inadvertent characteristic of the bill. Schultz said she had not realized those petition deadlines are tied to the date of the primary, so her amendment will fix that problem. Thanks to Chip Spangler for this news.

Ninth Circuit Sets April 11 for Washington State Ballot Access Argument

The Ninth Circuit will hear De La Fuente v Wyman, 18-35208, on April 11, Thursday, at 9 am, in Seattle. This is the case over Washington state’s procedures for independent presidential candidate ballot access. De La Fuente won in U.S. District Court against the law that says no independent presidential candidate may petition without running an ad in a newspaper at least ten days before starting. The ad must say where the petitioning will occur. The state is trying to get the U.S. District Court decision overturned.

Arkansas Democrat Gazette Editorializes Against Bill that Increases Ballot Access Petition for New Parties

The Arkansas Democrat Gazette, the largest daily newspaper in Arkansas, has this editorial, urging the legislature not to pass SB 163. This is the bill that raises the number of signatures for a newly-qualifying party from 10,000 signatures, to 3% of the last gubernatorial vote, which would be 26,746.

The editorial does not mention that if the bill becomes law, Arkansas would have the nation’s most severe petition for new parties, if the easier requirement for new parties in each state is compared (some states have more than one method to allow a new party to appear on the ballot with the party label). Although two other states also have a 3% (of the last gubernatorial vote) petition, they have much longer circulation times. Alabama lets the petition take as long as the group needs, and Oklahoma allows one year. Arkansas requires the petition to be completed in three months. Furthermore, the Arkansas petition deadline is January 2.

Also, the editorial does not mention that the law that was in effect in 1996, which was also 3% of the last gubernatorial vote, was declared unconstitutional in Citizens to Establish a Reform Party in Arkansas, and was declared unconstitutional again in 2006 in Green Party of Arkansas v Daniel. The citations are 970 F Supp 690 (e.d. 1996) and 445 F Supp 2d 1056 (e.d. 2006).