Idaho Will No Longer Require Independent Presidential Candidates to Choose Vice Presidential Nominee Before Petitioning

On April 4, Idaho Governor Brad Little signed SB 1157. It changes the law for independent presidential candidate petitions. The petitions no longer need to include the vice-presidential nominee. Instead, after the petition is submitted and approved, the independent presidential candidate notifies the Secretary of State of the identity of the vice presidential candidate by September 1.

This bill only came into existence because Robert F. Kennedy, Jr., had sued. The lawsuit is still pending but it is likely it will now be dismissed.

Republican National Committee Files Reply Brief in U.S. Supreme Court in Pennsylvania Vote-Counting Case

On May 12, the Republican National Committee filed this reply brief in the U.S. Supreme Court in Republican National Committee v Genser, 24-786. The Republican Party is trying to persuade the U.S. Supreme Court to overturn a ruling of the Pennsylvania State Supreme Court. The Pennsylvania State Supreme Court had ruled that if a postal ballot is rejected because the outer envelope lacked a date, then the voter who case that invalid ballot can vote provisionally at the polls.

The Republican Party argues the State Supreme Court had no authority to make such a ruling, because the U.S. Constitution doesn’t permit state courts to play a role in determining what the rules should be for federal elections, and that only a state legislature can do that.

U.S. Supreme Court Puts New York Ballot Access Case on May 15 Conference

The U.S. Supreme Court will consider whether to hear Meadors v Erie County Board of Elections, 24-684, on Thursday, May 15. This will be the third time the Court has considered whether to hear this case. The case arose as a challenge to the May independent petition deadline. But the Second Circuit said the case was moot because the election was over, so now it has become more fundamentally about whether constitutional ballot access cases are moot just because the election is over. In 1969 the U.S. Supreme Court said such cases are not moot.

New Hampshire Bill Moving Non-Presidential Primary from September to June Passes Senate Committee

On May 7, the New Hampshire Senate Election Law and Municipal Affairs Committee passed HB 481. It moves the non-presidential primary from September to June. Because independent candidate petition deadlines and filing deadlines are tied to the date of the primary, the bill automatically moves the petition deadline from August to May. It moves the deadline for independent candidates to file a declaration of candidacy from June to March. The law on declaration of candidacy even applies to independent presidential candidates. Therefore, an independent presidential candidate must file by March.

A similar bill was vetoed by former Governor Chris Sununu in 2021.