H.R. 1, the bill in the U.S. House that is backed generally by Democratic members, sets up public funding for congressional candidates. Law Professor Nicholas Stephanopoulos describes the system in a blog post in the Election Law Blog.
5
On January 14, the New York legislature passed AB 779. It combines the congressional primary with the primary for state and local office. The new primary date will be the Fourth Tuesday in June, which in 2020 will be June 25.
Unfortunately, the bill moves the petition deadline for independent candidates, and the nominees of unqualified parties, for all office, from August to late May. The formula for the new deadline is 23 weeks before the general election. In 2020 that will be May 26.
This deadline is unconstitutional. June has been ruled too early in these cases: the Ninth Circuit invalidated Arizona’s June deadline for independent candidates in Nader v Brewer, 531 F.3d 1928 (2008). A U.S. District Court in South Dakota invalidated a June petition deadline in Nader v Hazeltine, 110 F.Supp.2d 1201 (2000). A U.S. District Court in Kansas struck down a June petition deadline in Merritt v Graves, not reported (actually Kansas conceded the deadline was too early and signed a consent decree). A U.S. District Court in Nevada enjoined a June deadline in 1992 in Fulani v Lau. The Tenth Circuit said in Populist Party v Herschler, 746 F.2d 656, that June was probably too early for a petition for a new party. The Ninth Circuit enjoined Idaho’s June deadline for a new party petition in Populist Party v Evans, unreported, in 1984.
May has been ruled too early in Massachusetts in Serrette v Connolly, state court, in 1984. May was also struck down in Pennsylvania in 1984 in Libertarian Party v Davis, not reported (actually the state conceded it was too early and signed a consent decree).
In the Assembly, the bill passed 120-24.
West Virginia Delegate Pat McGeehan has introduced HB 2169. It eases the definition of “political party.” Current law says it is a group that polled 1% for Governor. The bill changes that to any statewide state office.
Also, the bill says a qualified party is also one that has at least 5,000 registered voters. Currently the Libertarian and Green Parties are on the ballot, because they both polled at least 1% for Governor in 2016 (West Virginia gubernatorial elections are only in presidential years). In West Virginia, the name of the Green Party is the Mountain Party. Thanks to Jeff Becker for this news.
H.R. 1, the bill favored by almost all Democrats in Congress, has a provision concerning the income tax returns of presidential candidates. It applies only to the presidential nominees of parties that polled at least 25% of the vote in the last presidential election. It says that the nominees of those parties should submit their income tax returns to the FEC. If a nominee does not do that, then the FEC is authorized to ask the Secretary of the Treasury for that candidate’s tax returns, and to make them public. That part of the bill starts on page 566. It is Title X, the very last part of the bill.
HR 1, the bill supported by almost all Democrats in the U.S. House, would make it far more difficult for presidential candidates to receive primary matching funds. Current law requires the candidate to receive $5,000 in small donations in each of 20 states. The bill changes that to $25,000 from each of 20 states. The bill also lowers the amount any individual can donate for purposes of qualification, from $250 to $200. Here is the 571-page bill. The part on primary season matching funds starts on page 422. Thanks to Rick Hasen for the link to the bill. It still isn’t posted to the web page for Congress.