Ohio Bill to Make Initiative Ballot Access More Difficult

Posted on by January 21, 2018
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Ohio Representative Niraj Antani (R-Miamisburg) has introduced HJR 5, a proposed state constitutional amendment. Current law requires a petition of 10% of the last gubernatorial vote to get a constitutional initiative on the ballot, and 6% for a statute. The proposal would raise these to 12.5% and 7.5%.

Also the measure would say that neither type of initiative could pass unless it received a popular vote of at least 60%. Currently a majority is enough.

The proposal would also make it illegal to pay petition circulators. However, in 1988 the U.S. Supreme Court ruled unanimously in Meyer v Grant that states are not permitted to outlaw the practice of paying circulators. Thanks to Steve Linnabary for this news.

National Conference of State Legislatures Publishes Two Useful Reference Charts

Posted on by January 21, 2018
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The National Conference of State Legislatures has authored two useful reference charts.

Here is a chart that shows the partisan composition of each state’s legislative chambers. This data is very tough to track, because it changes constantly, due to resignations, deaths, and replacement actions, including special elections, or in some states appointments.

Here is a chart that shows when each state’s legislature convenes this year. Over half of them are already sitting. Thanks to Thomas Jones for both links.

Nebraska Bill to Ease Non-Presidential Independent Petition Requirement

Posted on by January 20, 2018
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Nebraska State Senator Justin Wayne (D-Omaha) has introduced LB 969. It lowers the number of signatures for non-presidential independent candidates for statewide office to 4,000, and the number for U.S. House independents to 2,000.

Current law requires 10% of the number of registered voters, which for statewide office this year would be approximately 130,000 signatures. No one can know the exact number because it is based on the registration data as of the time the petition is submitted. Such petitions are not due until September 1. If anyone did comply with the existing law, probably the state would be hard-pressed to check the signatures in time. The existing requirements were created in 2016. Before 2016, they were also 4,000 for statewide office, and 2,000 for US House.

Senator Wayne is an attorney, so he is probably aware that the 2016 law created unconstitutionally difficult requirements. Thanks to Mark Elworth for the news of the bill.