Hank Adler Says if No one Got a Majority in the Electoral College, it is Plausible that Congress Would Choose an Independent

Posted on by February 1, 2019
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Hank Adler has this interesting article in Townhall about what would happen if no one got a majority in the electoral college. The Constitution says in that case, the House would choose the President, with each state getting one vote. Most commentators think that provision ruins the chances of any presidential candidate who isn’t the Republican or Democratic nominee. But Adler points out that if the House is unable to choose anyone for President, in 2020, it would be easy for Vice-President Mike Pence to be elected by the Senate to a new term as Vice-President, and therefore he would be acting President. This would motivate the Democratic members of the House to use their votes for president to choose the independent as the new president, rather than see Pence as the acting president. Adler doesn’t really make this explicit, but it appears to be what he is suggesting.

New Mexico Bill to Require Parties that want a Closed Primary to Pay for Costs of Primary

Posted on by February 1, 2019
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New Mexico Senator Mark Moores (R-Albuquerque) has introduced SB 418, which would let parties have a closed primary if they wish, but they would be required to pay the election administration costs of their own primary. If they let independents vote in their primary, then the government would continue to pay for the primary.

The bill would be better if it permitted parties to nominate by convention. An 8th circuit opinion from Arkansas says that if the government forces parties to nominate by primary, then the government must pay for that primary. All New Mexico parties nominated by convention before 1938, and qualified minor parties in New Mexico still nominate by convention, so the notion of convention nominations is not foreign to New Mexico.

Four Arizona Bills, All of Which Would Move Petition Deadlines for New Parties and Independent Candidates Earlier

Posted on by January 31, 2019
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Four bills have been introduced in the Arizona legislature, all of which would have the effect of moving the petition deadlines for new parties, or non-presidential independent candidates, earlier in the year.

SB 1154 would move the primary from the tenth Tuesday before the general election (late August) to the first Tuesday in August. That would move the petition for a newly-qualifying party from late February to early February, and it would move the petition deadline for non-presidential independents from late May to early May.

HB 2050 would move the primary to the 17th Tuesday before the general election. That would move the new party petition deadline to mid-January, and the non-presidential independent deadline to mid-April.

HB 2911 would move the primary to the 19th Tuesday before the general election. That would move the new party deadline to early January, and the non-presidential independent deadline to early April.

HB 2127 would move the deadline for candidates to file for the primary from 90 days before the primary, to 120 days before the primary. That would not affect the new party petition deadline, but would move the non-presidential independent deadline so it would be a month earlier.

There is no rational reason to set the new party petition deadline six months before the primary, but that is what the current law does, so every time the primary becomes earlier, the new party petition deadline becomes earlier.

None of these bills would affect the presidential independent petition deadline, which is not tied to the primary date.

U.S. District Court Won’t Prevent Maryland From Printing New Voter Registration Cards that Omit Libertarian Party

Posted on by January 31, 2019
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On January 31, U.S. District Court Judge Catherine C. Blake denied the Maryland Libertarian Party’s request for a temporary restraining order and preliminary injunction, as to whether the state should leave the party on the voter registration cards. This means the state will print new cards that list only the Democratic, Republican, and Bread & Roses Parties as choices. However, the form contains a blank line for applicants to register into some other party.

Washington State Senate Passes Bill Moving Presidential Primary from May to March

Posted on by January 31, 2019
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On January 30, the Washington State Senate passed SB 5273. It moves the date of the presidential primary from the fourth Tuesday in May to the second Tuesday in March.

Washington does not have registration by party. The bill says that when a voter asks for a particular party’s presidential primary ballot, that voter must sign a statement of membership in that party. The record of which voters choose which party’s primary vote will be public. Thanks to FrontloadingHQ for this news.