North Carolina Top-Two Bill Introduced by Two Democratic Legislators

Posted on by April 11, 2017
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On April 11, North Carolina Representatives Ken Goodman (D-Rockingham) and Pricey Harrison (D-Greensboro) introduced HB 737. It converts North Carolina elections for Congress and state office to a top-two system. The bill does not provide for “preference” or “prefers” to appear on the ballot. Nor does it say that the ballot should carry an explanation that party labels on the ballot do not mean that the party approves of any candidate with that party’s label. Therefore, if enacted, it would run afoul of court precedents concerning freedom of association for political parties.

The bill does leave write-in space on the November ballot. However, candidates who filed to run in the May primary, and who didn’t place in the top two, would not be permitted to be write-in candidates in November.

The bill is ambiguous as to whether a candidate registered into an unqualified party would be allowed to have his or her party affiliation printed on the ballot. North Carolina voter registration forms have a blank line for “political party”, so any voter can register into any party he or she desires. However, North Carolina election officials always code voters who register into unqualified parties as non-affiliated, so probably if this bill passed, election officials would not print the party label for a member of an unqualified party.

The bill fails to re-define “political party”. Currently a party remains on the ballot if it polls 2% for President or Governor. However, the provision for 2% for Governor would no longer work, because no party would have nominees for Governor.

Pennsylvania Likely to Hold a Special U.S. House Election Later This Year

Posted on by April 11, 2017
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According to this story, Pennsylvania U.S. House member Tom Marino, a Republican representing the 10th district, is expected to resign his seat soon, which will mean a special election later this year. Although the Libertarian and Green Parties are not on the ballot in Pennsylvania for regularly-scheduled elections, they are considered to be on the ballot for all special elections. Their nominees won’t need any petition in the upcoming special election.

California Secretary of State Alex Padilla Endorses Moving California Primary for All Office (in Presidential Years) to March

Posted on by April 11, 2017
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On April 11, California Secretary of State Alex Padilla endorsed SB 568, which moves the primary in presidential years, for all office, from June to the third Tuesday in March. The author of SB 568 is Senator Ricardo Lara (D-Bell Gardens). The bill says the Governor would have the power to move the primary to an even earlier date.

The bill is similar to AB 84, by Assembly Speaker Pro Tempore Kevin Mullin (D-South San Francisco). AB 84 sets the primary in the first week of March, for all office, in presidential years.

SB 568 has a hearing in the Senate Elections & Constitutional Amendments Committee on April 18, Tuesday, at 1:30 p.m. AB 84 has a hearing in the Assembly Elections Committee on April 26, Wednesday, at 9 a.m.

If either of these bills pass, there would be no means for a candidate for Congress, or partisan state office, to get on any ballot, in the year of the election itself. The filing deadline for candidates who want to be on a ballot would be in December of the year before the election. Because California has a top-two system, there is no method for candidates to get on the November ballot (except for president) other than through the primary process. No other state has ever had an election system with the characteristic that all routes to the ballot are closed off in the election year itself. It is likely that such a system would violate the U.S. Constitution. The U.S. Supreme Court has on three occasions said that there must be some means onto the general election ballot that is later than early spring of the election year. The cases were Anderson v Celebrezze (1983), Lendall v Jernigan (1977), and Salera v Tucker (1976). The latter two were summary affirmances and related to congressional and state legislative elections.

North Carolina Ballot Access Bill Introduced

Posted on by April 11, 2017
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On April 11, North Carolina Representatie Bill Shepard (R-Jacksonville) and some other legislators from each major party introduced HB 769. It improves ballot access for newly-qualifying parties and independent candidates. It sets the statewide petition at one-fourth of 1% of the last gubernatorial vote. If the bill were enacted, the 2018 and 2020 statewide petitions would require 11,778 signatures, due in July.

Current law requires 94,221 signatures, and the independent petitions are due in April; the new party petition is due in May.