Arizona Bill, Limiting General Election Ballot for U.S. Senate to Republicans and Democrats, Passes Committee

On February 13, the Arizona House Federalism, Property Rights & Public Policy Committee passed HCR 2022. If this bill passes the legislature, it would amend the State Constitution, so would go to a public vote in November 2018. It says that no more primaries are permitted for U.S. Senate. Instead, the only nominees in the November ballot for U.S. Senate would be four individuals chosen by state legislators. The bill does not explain whether write-ins would still be allowed in November for U.S. Senate.

The sponsors are Representative Travis Grantham (R-Gilbert) and Mark Finchem (R-Oro Valley). The committee vote was 6-3.

The bill is clearly in violation of Williams v Rhodes, the U.S. Supreme Court decision which said that states cannot limit the general election ballot to just Republican and Democratic nominees. Thanks to Rick Hasen for this news.

Virginia Republican Party Wins Lawsuit Over Who Gets to Decide Whether to Use Primary Or Convention

The Virginia election law gives all parties the ability to decide whether to use a primary or a convention for any particular contest. But the law also says that when a party has an incumbent, then the incumbent, not the party, may make the final decision as to which method to use.

On January 19, 2018, a U.S. District Court struck down the law that lets incumbents dictate the nomination method. The case was filed by two subunits of the Virginia Republican Party and some Republican voters who are also party officers. Here is the 54-page decision in Fitzgerald v Alcorn, w.d., 5:17cv-16. The opinion is by Judge Michael F. Urbanski, an Obama appointee.

On February 5, Judge Urbanski stayed his own opinion, because the nomination for congressional candidates is about to begin in Virginia. Also Judge Urbanski noted this is a case of first impression and that it is conceivable that the Fourth Circuit will disagree with him. Thanks to Mark Rush for this news.

Michael Smerconish Interviews Bob Krist About Nebraska Ballot Access

ON February 16, radio talk show host Michael Smerconish interviewed State Senator Bob Krist for 10 minutes, about Nebraska ballot access. Smerconish supports independent candidates and opened the interview by expressing dismay that Krist had abandoned his independent run for Governor and instead is seeking the Democratic nomination. Hear the interview at this link.

The 2016 Nebraska law change for the number of signatures needed by non-presidential independent candidates changed the law from 4,000, to 10% of the number of registered voters. Confusion about the exact number required in 2018 is because the law does not indicate the date of the registration tally, to figure out the number. Apparently the requirement is dependent on when the petition is submitted. Nebraska has a new tally of registered voters every month. Although the two men seemed to believe the requirement is approximately 120,000, is the petition were submitted on the due date, chances are it would require 130,000. The petition is due September 1. Probably if someone did comply with the requirement, the state would be hard pressed to check the signatures in time, if the petition were submitted on the deadline.

Senator Krist praises the Nebraska Democratic Party for allowing independents to vote in its gubernatorial primary in 2018. Smerconish expressed surprise that the party was permitted to make that decision. Smerconish had not previously known about the 1986 U.S. Supreme Court decision Tashjian v Republican Party of Connecticut, which said that parties can decide for themselves whether to let independents vote in their primaries.