New Mexico Top-Two Bill Loses in House Committee

Posted on by February 12, 2017
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On February 10, the New Mexico House Local Government, Elections, Land Grants & Cultural Affairs Committee declined to pass HJR 6, the proposed constitutional amendment for a top-two system. The analysis said the measure, if enacted, would lead to a longer primary ballot, because the names of candidates from all parties, plus all independent candidates, would be printed on that single primary ballot. Also the analysis said separate presidential primary ballots for each of the three parties entitled to a presidential primary would still be needed.

Georgia Sets Special U.S. House Election

Posted on by February 11, 2017
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Georgia will hold a special election on April 18 to fill the vacant 6th district seat. The seat is vacant because Congressman Tom Price resigned to join the cabinet. In Georgia special elections, any candidate can get on the ballot with a filing fee; there is no petition. Party labels are printed on the ballot, but no party has nominees. If no one gets 50% there is a run-off.

Although Georgia has not had any minor party candidates on the ballot for U.S. House in regular elections since 1942, it frequently has minor party candidates for U.S. House in special elections.

There will be special elections for U.S. House during April, three weeks in a row. California has one April 4; Kansas April 11; and Georgia April 18.

Kansas Ballot Access Bill

Posted on by February 11, 2017
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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

Posted on by February 11, 2017
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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

Posted on by February 11, 2017
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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.