On June 29, both houses of the North Carolina legislature appointed members to a conference committee for SB 656, the ballot access bill. Generally they all support the bill. It is likely that they can agree on a version of the bill that can pass both chambers. Although the legislature adjourned early Friday morning without the conference committee report, it will reconvene on August 3 for a single day, and it will be able to vote on bills that have been through a conference committee. Thanks to Kevin Hayes for this news.
On June 29, the North Carolina Senate refused to concur in the House amendments to the ballot access bill, SB 656. The bill had passed both houses but the versions differ. The chief difference is that the House version has more difficult requirements for independent candidates than the Senate version. The bill will now go to a conference committee. But it is possible the legislature will adjourn before that process can be carried out.
North Carolina has two-year legislative sessions, so if no further action is taken this week, the bill is still alive and can move ahead in 2018. Unfortunately the bill’s author, Senator Andrew Brock, is resigning from the Senate soon and he won’t be there in 2018 to guide the bill. Thanks to Kevin Hayes for this news.
This Portland Press-Herald story explains that the Maine ranked-choice voting is still law, given that the bill to repeal it failed. Thanks to Rob Richie for the link.
On the late evening of Wednesday, June 28, the North Carolina House passed SB 656, the ballot access bill. The vote was 107-7. All seven of the “no” votes were cast by Republicans. No one spoke against the bill on the floor. The bill will probably get a vote in the Senate on Thursday, June 29. Thanks to Kevin Hayes for the news.
As already reported, on April 26, the Eighth Circuit ruled that the March petition deadline for non-presidential independent candidates is likely unconstitutional unless the state can show that it must have a deadline that early, in order to have time to check the validity of such petitions. Moore v Martin, 15-3558. Therefore, the judges remanded the case back to U.S. District Court to give the state an opportunity to demonstrate its needs. One of the three judges, however, wrote that the deadline is clearly unconstitutional and there is no need for a remand.
Arkansas has decided to appeal this decision to the U.S. Supreme Court. Its cert petition is due July 25. It is very unusual for a state to ask for U.S. Supreme Court review when it loses a constitutional ballot access case. The last instance was in 2009, when Arizona asked the U.S. Supreme Court to reverse the Ninth Circuit opinion in Nader v Brewer, which struck down the Arizona independent presidential petition deadline of June. The Supreme Court denied Arizona’s request. The Arizona legislature then moved that deadline to September, one of the latest such deadlines in the nation.