Oklahoma Legislative Leaders Appear to be Supporting Moderate Ballot Access Improvement for Independent Presidential Candidates

There are two bills pending in the Oklahoma legislature to ease ballot access for independent presidential candidates. The more far-reaching bill cuts the number of signatures to 5,000, and proposes a filing fee alternative of $5,000. That bill is by legislative leaders Senator David Holt (SB 351) and Representative Jon Echols (HB 1563).

Also, there is the proposal of the State Board of Elections, which lowers the number of signatures for an independent presidential candidate from 3% of the last presidential vote, to 3% of the last gubernatorial vote. If that were enacted, the number of signatures for 2016 would have been 24,745 instead of 40,047. That bill, SB 145, is authored by Senator Eddie Fields. It also has a filing fee alternative to the petition, but it is ambiguous: $2,500 for each candidate for presidential elector. The bill, and existing law, does not require an independent presidential candidate to run a full slate of presidential elector candidates. But if a full slate were required, the full fee would be $17,500, because Oklahoma has 7 electoral votes. Even a fee that high would probably be cheaper than gathering 24,745 valid signatures.

On February 14, Representative Echols became a co-sponsor of SB 145, and on February 8, Senator Holt because a co-sponsor, which suggests that this is the bill most likely to move. The bill retains the July 15 petition deadline, but it seems that if a candidate will be permitted to get on the ballot with a fee, there is no reason for the deadline to be that early. Evan McMullin did not declare his candidacy until August 8, 2016.

Maine Bill to Ban Paying Initiative Circulators on a Per-Signature Basis

Maine Representative Stacey Guerin (R-Glenburn) has introduced LD 53, to make it illegal to pay initiative circulators on a per-signature basis. The bill is very carelessly worded. Usually bills to do this are careful to specify that initiative proponents are free to award bonuses to high-performing circulators, but this bill simply bans all payment on the basis of how many signatures were collected, without discussing the nuances.

If the bill passes, it must then get a popular vote in 2018, because it is a constitutional amendment. Thanks to several people for the news.

New Hampshire Election Law Committee Defeats Bill to Study Ballot Access

On February 14, the New Hampshire House Elections Committee defeated HB 384, which would have set up a committee to study the state’s ballot access laws. All the Republicans on the Committee voted against the bill; all the Democrats supported the bill. Republicans have a majority in the New Hampshire House. Thanks to Darryl Perry for this news.

Alabama Legislator Says State Law Requires a Special U.S. Senate Election This Year

Alabama State Senator Chris England (D-Tuscaloosa) says that Alabama law requires the Governor to call a special election for U.S. Senate this year, instead of waiting until 2018. See this story. The Governor has already appointed State Attorney General Luther Strange to fill the seat that was left vacant when Jeff Sessions resigned from the Senate to become U.S. Attorney General.

No federal law requires states to hold special elections for U.S. Senate any earlier than the next regularly scheduled-election for congress. The law is very different for U.S. House vacancies than for U.S. Senate vacancies. Each state has its own law on special elections for Senate vacancies.