On January 24, the Virginia Senate voted on SB 1236, the bill to lower the number of signatures for statewide independents and the nominees of unqualified parties from 10,000 to 5,000. Initially the bill passed, 20-19. But then reconsideration was granted. When the Senate voted again, two Senators who had voted for it the first time changed their vote, so it lost 18-21.

The petition requirement for president is already 5,000, but all other statewide offices are 10,000. This is true for both the primary and the general election petitions.

Virginia is one of only nine states in which the Republican and Democratic Parties are the only ballot-qualified parties. The others are Alabama, Arkansas, Illinois, Minnesota, New Jersey, Pennsylvania, Tennessee, and Washington.

Some Utah legislators are now aware that SB 13, which moves the petition deadline for newly-qualifying parties to November 15 of the year before the election, is likely to be held unconstitutional if challenged. Legislative analysts are researching the issue. So even though the bill has passed the State Senate and is in a House committee, there is hope that it can be amended.

Last year, the Arkansas Libertarian Party won its ballot access lawsuit in U.S. District Court, against the law that says newly-qualifying parties must choose all their nominees (except president) at least one year before the election. The state appealed. The case is Libertarian Party of Arkansas v Martin, 16-3794. Here is the party’s response brief in the Eighth Circuit, explaining why the U.S. District Court decision was correct. The state now has an opportunity to file a reply brief in a few weeks.