Washington Legislature Passes Bill to Require Write-in Candidates to File a Declaration of Write-in Candidacy

On March 5, the Washington legislature passed SB 6058, which sets up a procedure for write-in candidates to file a write-in declaration of candidacy. The declaration must be filed by 18 days before the election. The bill lets write-in candidates file afterwards if they pay the filing fee for that office.

Unfortunately, the bill does not say that write-in votes for declared write-in candidates must be counted. But assuming this bill is signed into law, it is somewhat likely that a court could order that such votes be counted. The U.S. Supreme Court long ago said the U.S. Constitution protects the right of every voter to have his or her valid vote counted. Thanks to Jim Riley for the news about the bill.

California State Court Strikes Down California System of Validating Vote-by-Mail Ballot Validity

On March 6, a California Superior Court struck down California Election code section 3019(c)(2), which lets election officials invalidate mail ballots if the officials think the signature on the envelope doesn’t match the signature on the voter’s registration form. La Follette v Padilla, San Francisco, CPF 17-515931. The flaw in the law is that the voter is never informed that his or her ballot has been rejected, and therefore the voter has no chance to contest the ruling. Approximately one-half of 1% of all California mail ballots are rejected because officials think the signature is invalid. Here is the opinion. Thanks to Thomas Jones and Rick Hasen for the link.

Maryland Senate Passes Bill Requiring General Election Presidential Candidates to Reveal Income Tax Returns

On March 5, the Maryland Senate passed SB 256. It blocks presidential and vice-presidential candidates from appearing on the November ballot if either has failed to reveal federal income tax returns. Write-in candidates are exempt. The vote was 28-17. Four Democrats and all Republicans voted against the bill. Now it goes to the House. Thanks to Political Wire for the news.

Both of Mississippi’s U.S. Senate Seats Will Have Elections in November 2018

U.S. Senator Thad Cochran is resigning from the Senate on April 1, 2018. His term would ordinarily not have been up until 2020. Mississippi law says his seat will be filled in a special non-partisan election on November 6, 2018. If no one gets 50%, there will be a run-off in December. Mississippi special elections, like Georgia and Texas special elections, are non-partisan, with no party nominees.

Meanwhile, the other Mississippi Senate seat will have a regularly-scheduled partisan election, also on November 6, 2018.

Utah Bill Advances that Would Block Recent Republican Party Rules Change

On March 2, Utah Representative Mike McKell (R-Spanish Fork) introduced HB 485. It would forbid a qualified party from changing its bylaws relative to who can run in its primary, during an election year. On March 5, it passed the House Business & Labor Committee by 9-3. The Utah legislature adjourns Thursday, March 8.

The bill was prompted by the recent state Republican Party rule that said any candidate who petitions to run in a Republican primary shall be expelled from the party.