U.S. District Court Rules in Favor of Initiative Proponents in Ohio

On February 11, U.S. District Court Judge Edmund Sargus, a Clinton appointee, issued an opinion in Schmitt v Husted, s.d., 2:18cv-966. The issue is whether it violates the U.S. Constitution for Ohio county and city election officials to decide on their own whether to reject an initiative petition, based on the content of the proposed initiative. A local initiative adjusting the penalties for marijuana possession in a particular town was rejected by the local elections board, because the local elections board felt the initiative, if passed, would be invalid. The decision says it violates due process for local non-judicial officials to make decisions like this.

Georgia Ballot Access Bill Introduced

On February 8, a bill to greatly reduce ballot access barriers was introduced in the Georgia House. It is HB 191. The sponsors are three Democrats and one Republican: Dar’shun Kendrick (D-Lithonia), David Stover (R-Newnan), Vernon Jones (D-Lithonia), and Valencia Stovall (D-Forest Park).

The bill says that if a party is ballot-qualified for statewide office, then it is automatically qualified for all partisan office. And it lowers the number of signatures for independent candidates and the nominees of unqualified parties. Currently the presidential petition is 7,500; the other staewide offices are 1% of the registered voters (over 50,000); and the district and county offices are 5% of the registered voters. The bill replaces all those with 200 signatures. Thanks to Garland Favorito for this news.

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).