Oklahoma Bill to Double Filing Fees Hits a Snag

On May 4, the Oklahoma Senate rejected House amendments to SB 323. That is the bill to increase candidate filing fees. Generally the bill doubles them. Although the bill has passed both houses of the legislature, the versions in each house differ from each other. Because the Senate rejected the House version, the bill must now go to a conference committee. In Oklahoma, often when that happens, time runs out and the bill doesn’t pass.

The vote to reject the House amendments was 20-24. The bill’s sponsor is seeking reconsideration in the Senate. Thanks to E. Zachary Knight for this news.

If SB 323 passes and is signed, the procedure for independent presidential candidates will be harmed. SB 145, which has already passed the legislature, sets a filing fee of $17,500 for independent presidential candidates, and the presidential nominees of unqualified parties, who don’t submit a petition. But if SB 323 becomes law, that amount will be $35,000.

Another bill concerning filing fees, HB 1564, has also passed both houses, but the two versions are very different, so it is going to a conference committee also. The Senate version of HB 1564 raises fees, but the House version doesn’t. Thanks to Chris Powell for the news about HB 1564.

Michigan House Passes Bill Removing Party Logos from Ballot

On April 27, the Michigan House passed HB 4177, which removes party logos from general election ballots. A “logo” is a cartoon symbol of a party. See the Michigan logos for each party here. The Michigan term for logo is “vignette”. The bill now goes to the Senate. The vote in the House was 63-46.

Michigan is currently in court over whether a straight-ticket device should be on the ballot. The legislature had repealed the straight-ticket device, but then a U.S. District Court Judge had ruled that the state can’t remove the straight-ticket device. The plaintiffs in that case, who support the straight-ticket device, argue that if the straight-ticket device is removed, some confused voters will presume that the way to cast a vote for all nominees of a single party is simply to draw a circle around one party’s logo.

The Republican majority in the legislature, which opposes the straight-ticket device, is thus motivated to pass HB 4177. If the party logos are removed, then one argument against removing the straight-ticket device goes away.

It may seem far-fetched to think that confused voters would think that drawing a circle around a logo is a short method for casting a ballot for all the nominees of one party. But, there is evidence that is happens. When Missouri repealed its straight-ticket device but left party logos on the ballot, thousands of voters did draw a circle around logos. So, Missouri then repealed provision for logos. Thanks to Electionline for the news about HB 4177.

California Senate Passes Bill for a March Primary for All office in Presidential Years

On May 4, the California Senate passed SB 568 by 32-6. It moves the primary for all office (in presidential years) from June to March. It allows the Governor to set a primary date that is even earlier than March.

The six “No” votes were all cast by Republicans: Patricia Bates, Jean Fuller, John Moorlach, Mike Morrell, Janet Nguyen, and Andy Vidak.

Hearings Coming Up in “Faithless” Presidential Elector Lawsuits

U.S. District Court Judge Edward Davila, an Obama appointee, will hear Keller v Brown on August 17 in San Jose at 9 a.m. Keller v Brown challenges the California law that tells presidential electors that when the electoral college meets in December, they must vote for the candidate who got the most popular votes in November.

The Eighth Circuit will hold an oral argument in Abdurrahman v Dayton sometime this summer, likely June or July. The case challenges the Minnesota law that says if a presidential elector fails to vote for the candidate who got the most popular votes in Minnesota (aka a “faithless elector“), that elector is deemed to have resigned and will be replaced by the other presidential electors who are present at the meeting. The issue for the Eighth Circuit is whether the U.S. District Court erred when it upheld the law without allowing for evidence or a trial.

Scotusblog Features Kentucky Libertarian Party Filing in its “Petition of the Day” Feature

Scotusblog is the leading news source for U.S. Supreme Court news and analysis. When the court is sitting, Scotusblog regularly features cert petitions that seem to have unusual chances for being accepted. On May 3, Scotusblog chose the Kentucky Libertarian cert petition for its coverage. See here.

Kentucky is one of only two states in which a group can never be a qualified party unless it makes a certain showing in a presidential election. The Libertarian and Constitution Parties challenges Kentucky for making the pathway to qualified party status so limited. In many states, there are ballot-qualified parties that only exist in that one state and which don’t even participate in the presidential election. The Court will consider whether to hear this case at its May 11 conference, although no news from that conference will be available until May 15. Thanks to Mark Brown and Oliver Hall for the link.