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

Posted on by February 9, 2019
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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

Posted on by February 9, 2019
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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.

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.