Wisconsin Petitioning Window for Independent Presidential Candidates Finally Opens

Wisconsin does not let independent presidential petitions start to circulate until July 1 of election years.  See 8.20(8)(a).  The law requires 2,000 signatures, due in early August.  Therefore, various presidential campaigns are poised to start tomorrow.

The qualified parties, obviously, do not need to petition for president.  They are the Democratic, Republican, Libertarian, Green, and Constitution Parties.

Procedural Win in Texas Lawsuit Over Filing Fees for Candidates Who Seek Nomination at Conventions

O June 5, U.S. District Court Judge Robert Pitman issued an order in Bilyeu v Esparza, w.d., 1:21cv-1089.  This is the case over the 2019 Texas law that candidates who seek to be nominated at a convention must have paid the filing fee before they can be considered.  In Texas, small ballot-qualified parties nominate by convention, not primary.

Judge Pitman denied the state’s request to dismiss the lawsuit, and scheduled a trial for September 8, 2025 (not 2024).  He wrote, “It is a reasonable possibility that this filing fee structure does little to advance Texas’s interest in preventing ballot overcrowding or ensuring public support.”

The Texas laws says that filing fees paid by convention candidates are kept by the government.  But filing fees paid by candidates running in a primary are given to those political parties.  The ruling says it is plausible that the Texas scheme violates freedom of association for convention parties, and also violates the Equal Protection clause of the Fourteenth Amendment.

The Federalist Explains Democratic Party Rules for Presidential Nominations

The Federalist has this article setting forth the rules for Democratic Party presidential selection.

The article is somewhat flawed because it mentions that Ohio formerly had a deadline for parties to certify their national tickets in advance of the Democratic 2024 national convention, and it does not say that on June 2, Ohio relaxed its law.  However, that’s because the article was published on May 29, before Ohio changed its deadline.