Florida Constitutional Revision Commission Won’t Include Top-Two in its Final Proposals

Posted on by February 4, 2018
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On February 1, the Florida Constitutional Revision Commission’s General Provisions Committee defeated top-two by a vote of 7-0. The Florida Commission has the power to put ideas for changing the state constitution on the November 2018 ballot. The only election idea it will be putting on the ballot is a tweak to the law that lets all voters vote in a primary, for a particular office, if only members of a single party (and no independents) file. The tweak is to deem all write-in candidates in the general election (for that particular office) to be members of that same party, whether they really are or not.

Illinois Will No Longer Put Candidates on Ballot Who File a Tiny Number of Signatures

Posted on by February 4, 2018
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For many years, Illinois has permitted anyone to be on the ballot who files a petition of even one signature, if no one challenges that candidate. However, for the first time, in 2018 the State Board of Elections will reject anyone who doesn’t file at least 10% of the required number of signatures. This appears to be an administrative decision, not a decision caused by any statutory change.

U.S. District Court Formally Deletes County Distribution Requirement for Minor Party Statewide Petitions

Posted on by February 4, 2018
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On February 1, U.S. District Court Judge Lawrence Stengel issued an order deleting the county distribution requirement for statewide petitions for independent candidates and the nominees of unqualified parties. Constitution Party of Pennsylvania v Aichele, e.d. 5:12cv-2726. Therefore, there is no need for any future petitions to include at least 250 signatures from each of ten counties. This result came about because the Third Circuit had suggested that such county distribution requirements are unconstitutional unless the state could show that the requirement had no impact on voting rights. That motivated the state to consent to dropping the requirement.

Minor party and independent candidates for Governor in Pennsylvania in 2018 therefore need 5,000 signatures, which can be gathered anywhere in the state.

Ninth Circuit Panel of Judges Now Known for California Lawsuit on Party Labels

Posted on by February 4, 2018
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The Ninth Circuit hears Soltysik v Padilla in Pasadena, California, on Thursday, February 8, at 9:30 a.m. The issue is the California law that won’t let members of non-qualified parties list their party on the ballot for partisan office, even though the law does permit members of qualified parties to have their party label on the ballot. The U.S. District Court had upheld the law.

The three judges are Stephen Reinhardt (a Carter appointee); William Fletcher (a Clinton appointee); and John Owens (an Obama appointee). This is an ACLU case. The plaintiff, Emidio Soltysik, is a registered Socialist, but when he ran for the legislature, he was forced to have “party preference: none” on the ballot.

Oral Argument Set in Washington State Ballot Access Case

Posted on by February 4, 2018
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On Wednesday, February 14, U.S. District Court Judge Benjamin H. Settle will hear De La Fuente v Wyman, w.d., c16-5801. The issue is the Washington state election law that says before an independent presidential candidate may begin to petition in the state, he or she must have run a notice in a newspaper at least ten days before the start of the drive.

On January 31, Judge Settle issued this 16-page order, suggesting that the state interest in this restriction does not seem necessary nor convincing, but setting the oral argument so the state can perhaps suggest some other state interests.

The hearing will be in Tacoma at 1:30 p.m.