Arkansas House Committee Passes Bill Making Ballot Access More Difficult

On February 6, the Arkansas House State Agencies and Governmental Affairs Committee passed SB 163, the bill that raises the number of signatures for a newly-qualifying party from 10,000 signatures to 3% of the last gubernatorial vote. The bill passed on a voice vote, so there is no specific tally, but it appeared all the Democrats, and a few Republicans, voted against the bill. The committee has 20 members.

The sponsor of the bill, Senator Trent Garner, claimed that the 2006 decision striking down the 3% petition that was in effect then has been overruled. That is not true. There have been no Eighth Circuit opinions on the number of signatures needed for new parties since 1980, when the North Dakota party petition of 15,000 signatures was struck down in McLain v Meier. And many U.S. District Courts inside the Eighth Circuit have issued favorable rulings in recent years. In 2018 a U.S. District Court in South Dakota struck down the South Dakota party petition rules, even though the old law had been used successfully several times by the Libertarian and Constitution Parties. In 2018 a U.S. District Court in Nebraska struck down the 10% petition for independent candidates in that state. Even in Arkansas, last year a U.S. District Court struck down the January petition deadline.

During the period when Arkansas last had a 3% petition for new parties, 1977 through 2006, not once did a newly-qualifying party manage to complete the petition. Even the Reform Party failed in 1996, but a court put it on the ballot and struck down the law, but the legislature ignored the decision until the state was sued again in 2006.

Third Circuit Agrees with U.S. District Court that Delaware Cannot Limit State Judges to Members of the Two Largest Parties

On February 5, the Third Circuit agreed with a U.S. District Court that Delaware cannot require that all Supreme Court Justices, Superior Court Judges, and Chancery Court Judges be members of the two largest parties. Adams v Governor Delaware, 18-1045. Here is the opinion, which is written by Judge Julio Fuentes, a Clinton appointee. The opinion is also signed by Judge Theodore McKee, a Clinton appointee; and by Judge L. Felipe Restrepo, an Obama appointee.

The Delaware policy had been in effect since 1951. Judge McKee wrote separately to praise the Delaware state court judges, but he agreed with the other two judges. All judges in Delaware are appointed; there are no Delaware judicial elections. Thanks to Howard Bashman for this news.

New Mexico Supreme Court Won’t Strike Down Closed Primaries

On February 5, the New Mexico Supreme Court again refused to rule that closed primaries violate the State Constitution. The court had made a similar ruling in 2017. The new lawsuit charged that closed primaries violate the part of the State Constitution that says public funds can’t be used to help private organizations. But the new decision says that when the government pays to administer primaries, that is not a gift to the parties that are having primaries. See this story. The new decision is Chavez v Toulouse Oliver, S-1-SC-37371.

New North Carolina Registration Data

North Carolina Board of Elections releases a new registration tally every week. Here is a link to the February 2, 2019 tally. The new percentages are: Democratic 37.45%, Republican 30.17%, Libertarian .55%, Green .02%, Constitution .02%, independent 31.80%.

The percentages for the October 20, 2018 tally, just before the November 2018 election, were: Democratic 37.88%, Republican 29.81%, Libertarian .53%, Green .01%, Constitution .01%, independent 31.76%.

The Green and Constitution totals are low, but that is because they started from zero in the middle of 2018. At the February 2, 2019 tally, there are 1,120 Greens and 1,052 Constitution Party members.