Arizona Bill to Convert Presidential Primaries from Closed to Semi-Closed

Arizona State Senator Martin Quezada (D-Phoenix) has introduced SB 1057. It would change the presidential primaries from closed to semi-closed. Currently only party members may vote in a presidential primary, but the bill would let independent voters vote in any party’s presidential primary.

It is peculiar that Arizona law already lets independents vote in non-presidential primaries, but not presidential primaries. This causes confusion.

Under the U.S. Supreme Court decision Tashjian v Republican Party of Connecticut, if the Arizona Democratic Party wanted to let independents vote in its presidential primary, it could do that, notwithstanding state law. The decision said that states must let independents vote in partisan primaries, if the party wants to let independents vote in its primaries.

Wyoming Senate Defeats “Open Ranked Choice” Bill

On January 23, the Wyoming Senate defeated SF 65 by a vote of 5-24. This bill is officially titled the “Open Ranked Choice” Bill.

It had passed the Senate Committee on January 22, receiving the votes of three Republican Senators, and the opposition of two Republican Senators (there are no Democrats on the committee). But on the Senate floor, only two Republicans voted for it, Cale Case and Michael Von Flatern. The three Democratic Senators also voted for it.

Hawaii Bills to Delete Requirement that Signers Put Last Four Digits of Social Security Number on Petitions

Hawaii State Senator Ron Kouchi (D-Lihue), President of the Senate, has introduced SB 135. It would delete the requirement that candidate petitions include a place for all signers to put the last four digits of their Social Security Numbers.

Hawaii Representative Scott Saiki (D-Honolulu), the Speaker of the House, has introduced the same bill in the House. It is HB 167.

This bill has been introduced in past sessions, and has never passed. However, with such powerful sponsors in each House this year, it seems likely that one of the bills will pass this year.


Delaware Bill to Move the Primary from September to April Advances

On January 23, the Delaware House Administration Committee passed HB 41 by a vote of 4-0. It moves the primary from September to the Fourth Tuesday in April.

The bill would have the indirect effect of moving the deadline for a new party to get on the ballot, from August, to early April. Delaware is in the Third Circuit. The Third Circuit ruled in Council of Alternate Political Parties v Hooks, 121 F.3d 876 (1997) that New Jersey’s petition deadline for non-presidential independent candidates, and the nominees of unqualified parties, could not be as early as April.

HB 41 has 18 co-sponsors.

Arkansas Ballot Access Bill Advances

On January 23, the Arkansas House State Agencies & Governmental Affairs Committee passed HB 1152. It moves the petition deadline for non-presidential independent candidates from March 1 to May 1. However, independent candidates still would need to file a declaration of candidacy by March 1.

The bill’s author is Representative Justin Boyd (R-Fort Smith). The motivation for the bill is that the March 1 deadline was declared unconstitutional in December 2017. However, the state has been appealing this decision in the Eighth Circuit. The appeal is still pending.