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.

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.

HR 51, the bill in Congress for statehood for the District of Columbia, has 195 co-sponsors as of February 8. It has gained 40 co-sponsors in the last thirty days.

By contrast, other election-related constitutional amendments are not gaining co-sponsors. HJR 7, to provide for a direct popular election of the president, only has four co-sponsors and has not gained any co-sponsors since January 11. HJR 26, to increase the terms of U.S. House members from two years to four years, still has no co-sponsors.