Kansas Ballot Access Bill

The Kansas House Committee on Elections has introduced HB 2224. It lowers the number of signatures needed to qualify a party from 2% of the last gubernatorial vote, to 1%. It also expands the period to collect those signatures from six months to one year. Green Party activists in Kansas are responsible for getting this bill introduced.

Bills to lower the number of signatures for independent candidates or new parties, or to lower the vote test for a party to remain on the ballot, are now pending in Georgia, Illinois, Indiana, Kansas, Maine, Maryland, New Mexico, North Dakota, Oklahoma, and Tennessee.

Texas Bill to Add a Question about Party Membership to the Voter Registration Form

Texas Representative Matt Rinaldi (R-Irving) has introduced HB 1061, which would add a question to the voter registration form, asking for the applicant’s party. The bill would also not permit parties to nominate candidates who are not registered members, a policy that the U.S. Supreme Court said in Tashjian v Republican Party would be unconstitutional.

The bill also does not permit party members to sign a petition for an independent candidate. The only other states that ever had that restriction were Louisiana before 1948, and Arizona 1993-1999. The Arizona restriction was held unconstitutional in Campbell v Hull in 1999.

The bill also does not permit party members to sign for a new party, unless they are registered independents. That policy was held unconstitutional in New Mexico in Workers World Party v Vigil-Giron in 1988, and in Kentucky in Libertarian Party v Ehrler in 1991.

The bill is ambiguous as to whether voters would be allowed to register into an unqualified party. Thanks to Jim Riley for the news.

Ohio Civic Group Files Amicus Curiae Brief in Support of Ohio Ballot Access Lawsuit

The Ohio Supreme Court ruled on January 20, 2017 that the Gary Johnson vote in 2016 did not create a new ballot-qualified party, but the sponsors of the Johnson petition asked for reconsideration on January 24, and that request is still pending. On January 30, an amicus urging the court to reconsider was filed by Ohio Citizens for Honesty, Integrity and Openness in Government. The group has existed since 2001.

The government has not yet responded to the amicus brief. If the government decides to file something new, that response is due February 13.

To Settle a Lawsuit, Georgia Agrees to Ease its Voter Registration Rules

On February 8, the state of Georgia, in response to a lawsuit, agreed to ease its procedures for handling new voter registrations. Under the old practice, if a new voter registration form was submitted, election officials checked it against the data in the state drivers’ license records, and also checked Social Security records. If there was the slightest discrepancy, such as the use of a maiden name when the applicant first received a Social Security card and use of her married name when she registered to vote, or the slightest spelling deviation, including apostrophes, the voter registration form was rejected.

Under the settlement, such voter registration applications will be processed, with a notation “pending”. When the applicant shows up to vote the first time, he or she will be required to show certain kinds of government I.D. and if that satisfies the discrepancy, the applicant will be able to vote and be considered a normal registrant. The case is Georgia State Conference of the NAACP v Kemp, n.d., 2:16cv-219. The lawsuit had been filed September 14, 2016. Thanks to Rick Hasen for the link.