Five Months Has Passed Since Eleventh Circuit Heard Oral Argument in Alabama Ballot Access Case; No Decision Yet

The Eleventh Circuit heard Hall v Merrill, 16-16766, on December 13, 2017, and there is still no decision. This is the case in which the U.S. District Court struck down Alabama’s 3% petition, as applied to U.S. House candidates in special elections, on the grounds that there isn’t enough time in special elections to expect anyone to complete such a petition.

Alabama has never had an independent candidate on the ballot in a special U.S. House election, going all the way back to 1893, the year goverment-printed ballots began in Alabama. Therefore it is difficult to take the state’s assertion seriously that the state must worry about a crowded ballot. Until 1971, independent candidates for U.S. House only needed 300 signatures, and still the ballot was always limited to just a Democrat or a Republican in special U.S. House elections; or sometimes only a Democrat was on the ballot.

This lawsuit originated in 2013, and is the oldest pending constitutional ballot access case in the nation.

Arizona Legislature Adjourns, After Having Passed Only One Significant Election Law Bill

The Arizona legislature adjourned on May 4. The only election law bill of significance that passed is HB 2538. It changes the rules for special congressional elections. Governor Doug Ducey has not signed it yet. In any event, it does not have an urgency clause, so can’t take effect for 90 days. If it had an urgency clause, it would take effect as soon as the Governor signs it (assuming he does sign it). But two-thirds in each house is needed for an urgency clause, and Democrats opposed the bill so it didn’t get enough votes to take effect immediately.

The bill says that in the future, if a U.S. Senator dies or resigns more than five months before the August primary, then the gubernatorial appointee would serve for over two years, instead of just serving for a few months. Arizona has a Republican Governor. This story explains the relationship between the bill and the illness of Senator John McCain.

Bills that did not pass this session include: (1) HB 2051 and SB 1126 would have allowed independent voters to vote in presidential primaries. Currently independents can vote in non-presidential primaries, but not presidential primaries; (2) HB 2032 would have forced Tucson to use non-partisan elections for its own officers; (3) HCR 2014 would have asked voters to amend the State Constitution so as to delete the requirement that independents can vote in non-presidential primaries; (4) HCR 2022 would have provided that state legislators, instead of voters, choose major party nominees for U.S. Senate; (5) HCR 2036 would have let individuals under age 25 run for state office.

New York Democratic Party May Consider Letting Independent Voters Vote in Democratic Primaries

The New York state Democratic Party meets on May 23-24. According to this story, some Democrats are working to get a vote at that meeting on whether to change the party bylaws, and allow independent voters to vote in Democratic Party primaries.

The change will need a vote of two-thirds of the delegates.

The article reveals that the state party’s Executive Director, Geoff Berman, did not even know that the U.S. Supreme Court ruled in 1986 that if parties want to allow independents to vote in their primaries, they have the power to make that decision, no matter what state election law says. That case was Tashjian v Republican Party of Connecticut.