Maryland Libertarian Party Files Last Brief in Ballot Access Case

On January 30, the Maryland Libertarian Party filed this reply brief in Johnston v Lamone, 1:18cv-3988. This is the case on whether it is constitutional to force an unqualified party that has over 10,000 registered members to submit a petition of 10,000 names. The Libertarian Party has over 22,000 registered members, and argues that a petition of 10,000 names would prove nothing, because it is obvious that there are already over 10,000 people who support the party.

Even if you don’t normally read legal briefs, this is one clear, short, and even somewhat entertaining.

West Virginia Bill to Codify Letting Unqualified Parties Use Stand-ins on Petitions

West Virginia Delegate Marshall Wilson has introduced HB 2753. It codifies the existing practice that lets unqualified parties use stand-in presidential and vice-presidential candidates on their petitions. It also says stand-ins can be used for gubernatorial petitions.

Stand-ins are especially useful for independent presidential candidates who haven’t chosen their vice-presidential running mate when the petition starts to circulate. Thanks to Jeff Becker for the news about the bill.

Illinois Bill to Improve Ballot Access

Senator Andy Manar (D-Bunker Hill) has introduced SB 141, which would lower the number of signatures needed for independent candidates, and the nominees of unqualified parties. It would change the statewide requirement from 25,000 to 5,000. It would change the district and partisan county offices from 5% of the last vote cast, to the number that a member of the largest party in that district needs to get on the primary ballot.

For U.S. House, in the typical district, that would be slightly less than 1,000 signatures.

Somewhat similar bills have been introduced in the past in Illinois and didn’t pass, but they were sponsored by Republicans. This is the first such bill to have a Democratic sponsor. Illinois Democrats are the majority in each house of the legislature, and Illinois has a Democratic governor. Thanks to Sam Cahnman for the news about the bill.

New Hampshire Bill to Injure Ballot Access

New Hampshire House Bill 643 would move the non-presidential primary from the second Tuesday in September to the second Tuesday in June. It is sponsored by four Democratic representatives, and has a hearing in the House Election Law Committee on January 30.

New Hampshire petition deadlines for independent candidates and the nominees of unqualified parties are tied to the date of the non-presidential primary. So if this bill passed, the petition deadline would be in May instead of August. Furthermore, New Hampshire requires independent candidates, and the nominees of unqualified parties, to submit a declaration of candidacy approximately two months before the primary, so those declarations would be due in March. The declaration law even applies to independent presidential candidates.

The bill would also shrink the time for the full party petition, which cannot be circulated before January 1 of an election year. It would now be due in May instead of August.

If the bill passed, New Hampshire ballot access deadlines for independent candidates would be unconstitutional. New Hampshire is in the First Circuit, and in 1980 the First Circuit struck down Maine’s independent presidential petition deadline of April 1, in Anderson v Quinn, 634 F.2d 616.

Kentucky Bill to Move Statewide Executive Elections from Odd Years to Presidential Years

On January 10, the Kentucky Senate passed SB 5, which is a proposed constitutional amendment. It would move elections for the statewide state executive positions, including Governor, from the odd years before presidential election years, to presidential election years. If it passes the legislature, the voters would vote on the idea in 2020.

The only states that now elect their Governor in odd years are Kentucky, Louisiana, Mississippi, New Jersey, and Virginia.