According to this story, Cheri Honkala, the Green Party nominee for State Representative in the upcoming special election, Pennsylvania district 197, missed the deadline to file by one day. Because the Green Party polled over 2% of the winning candidate’s vote total in 2016, the law does not require a petition for a Green Party nominee in special elections, so the deadline only concerned a declaration of candidacy.
The story also says she has raised $30,000 for her race. Also see this story.
Bills are pending in 17 states to bar presidential candidates from the ballot unless they release their income tax returns. This Philadelphia Inquirer story focuses on the New Jersey bill, but gives information about the bills in other states as well.
The true candidates in November are the candidates for presidential elector. States are free to set up their own qualifications for presidential elector candidates, but historically states have not been free to set up qualifications for presidential candidates other than those mentioned in the U.S. Constitution. For example, in 1992 the Texas Supreme Court ruled unanimously that Lyndon LaRouche could not be kept off the Democratic presidential primary ballot even though he was a felon. That case was LaRouche v Hannah, 822 SW 2d 632. If states want these proposed laws to stand up to constitutional scrutiny, these laws need to address presidential elector candidates, and need to say that presidential elector candidates will not be allowed to run unless they are pledged to individuals who have released their tax returns.
And even if these bills are written to deal with the presidential electors, there remains the issue of whether presidential electors are free to vote for anyone in the electoral college, notwithstanding any prior pledge that elector candidate may have made. This is why the four lawsuits pending on “faithless” presidential elector candidates are so important. They are pending in U.S. District Court in California, Colorado, and Washington, and in the Eighth Circuit in Minnesota. Thanks to Rick Hasen for the link.
UPDATE: the bills are Arizona SB 1500; California SB 149; Connecticut HB 6574 & 6575; Hawaii SB 150; Illinois SB 762, SB 982, and HB 780; Iowa SB 159; Kansas HB 2303; Maryland SB 358 and HB 517; Minnesota SB 358, SB 759, HB 634, and HB 704; New Jersey AB 4520; New Mexico SB 118; New York SB 26 and AB 4072; Pennsylvania SB 247 and HB 222; Rhode Island SB 91 and HB 5400; Tennessee HB 1127 and SB 588; Vermont HB 243 and SB 77; and Virginia HB 2444. Thanks to the National Conference of State Legislatures for that list.
As of this moment (5 pm, February 15, east coast time), the Ohio Supreme Court still hasn’t acted on the reconsideration request in the ballot access case called State ex rel Fockler v Husted.
The original decision of the court was handed down on January 20, only eleven days after all the briefs had been submitted. The losing side filed the reconsideration request on January 24. It has now been 22 days since the reconsideration request was filed, with no court action so far.
VinePair is a publication that celebrates the beverage alcohol experience. It has an interview with three leaders of the Prohibition Party here.
On February 15, three Oklahoma bills to ease ballot access passed unanimously in the House Elections & Ethics Committee.
HB 1563 eases ballot access for independent presidential candidates, and the presidential tickets of unqualified parties. It lowers the requirement from 3% of the last presidential vote (currently over 40,000 signatures) to exactly 5,000 signatures. Current law does not permit an independent presidential candidate, or the presidential ticket of an unqualified party, to get on the ballot with a fee instead. But the bill would say that no petition is needed if a $5,000 fee is paid.
HB 1564 lowers the number of signatures in lieu of the filing fee for all non-presidential candidates, both party members and independents. Current law requires a number of signatures equal to 4% of the number of registered voters, for candidates who don’t wish to pay the filing fee. The bill lowers the number of signatures in lieu of the filing fee so that they match the dollar amounts of the filing fees. The current gubernatorial filing fee is $1,500. The bill does not change the filing fee amounts, but would set the petition in lieu of the filing fee at 1,500 signatures. Similarly, the same principle is applied to all other non-presidential office. The in lieu petition would be these amounts for these offices: 1,000 for U.S. Senate; 750 for U.S. House; 500 for lesser statewide state office; and 200 for legislature.
HB 1565 makes it easier for a party to remain on the ballot. Current law requires 2.5% of the vote for the office at the top of the ticket, and it must be met every two years. The bill would keep the 2.5%, but it would apply to any statewide office. Also when a party meets the vote test, it would then be safely be on the ballot for four years, not two years. Thanks to E. Zachary Knight for this news.
