New Hampshire Bills to Ban Fusion

Bills have been introduced in both houses of the New Hampshire legislature to ban fusion, the practice of allowing two parties to jointly nominate the same candidate. Fusion in New Hampshire is difficult, because the only way anyone can get the nomination of a party other than his or her own is to win the other party’s primary by write-ins in that primary. But it is used every election by some legislative candidates.

Both bills are sponsored by Democrats. They are SB 114 by Senator Dan Feltes (D-Concord), and HB 217 by Representative Michael Cahill (D-Newmarket). Thanks to Darryl Perry for this news.

Seventh Circuit Will Hear Libertarian Ballot Access Case Next Month

The Seventh Circuit will hear Libertarian Party of Illinois v Illinois State Board of Elections, 16-1667, on Friday, February 24, at 9:30 am in Chicago, room 2721. The issue is the Illinois law that requires newly-qualifying parties, but not old parties, to run a full slate of candidates. The U.S. District Court had struck it down last year, and the state is appealing.

Arizona Bill to Relax Deadline for Parties to Submit Names of Presidential Elector Candidates

Arizona State Senator John Kavanagh (R-Fountain Hills) has introduced SB 1307, which relaxes the deadline for parties to submit names of presidential elector candidates. Current law requires them to be submitted in June, on the same day that candidates in primaries file. The bill would move the presidential elector deadline to primary day, which is in late August.

In 2016 the Green Party didn’t submit its presidential elector candidates until a few days after the June deadline had passed. The Secretary of State said that, therefore, Jill Stein could not be on the November ballot even though the Green Party was a ballot-qualified party. The Green Party then filed a federal lawsuit, which succeeded. The Secretary of State did not actively fight that lawsuit and said she would ask the legislature for a more rational deadline.

New Mexico Ballot Access Bill

New Mexico Representative James E. Smith (R-Sandia) has introduced a bill that greatly eases ballot access for non-presidential independent candidates, and the nominees of qualified parties that nominate by convention. Oddly, however, the bill makes ballot access more difficult for independent candidates for president. Here is the text of HB 226.

Current law for independent candidates requires a petition of 3% of the last gubernatorial vote. This law is so strict, New Mexico has never had an independent on the ballot for Governor or U.S. Senator. The bill eases the independent petition (except for president) so that the number of signatures would be equal to the average needed by primary candidates seeking to get on a primary that year. In 2018, for statewide office, a Democrat seeking a place on the Democratic primary needs 2,508 signatures; a Republican needs 1,289; and a Libertarian needs 230. The average of these three numbers is 1,342. That is a huge improvement over the existing law, which requires 2018 statewide independents to get 15,390 signatures.

Unfortunately, the bill changes the independent presidential petition from 3% of the last gubernatorial vote, to 2% of the last presidential vote, and imposes a congressional district distribution requirement. The bill would probably increase the number of signatures for 2020, although we can’t be sure because no one knows how many votes will be cast for Governor in 2018. But using the 2014 gubernatorial results, the bill would raise the requirement from 15,390 to 15,967. Furthermore, adding a requirement that the petition include 2% in each of the three U.S. House districts would be a burdensome impediment.

The bill makes great improvements in the petition requirement for candidates of qualified minor parties. New Mexico is the only state that requires the nominees of ballot-qualified minor parties to submit petitions after they are nominated. The current minor party nominee petition is 1% of the last gubernatorial vote, which is currently 5,130 signatures for statewide office. The bill changes that to the average of the primary requirements that same year, which would be 1,342 for the 2018 election. This part of the bill would help the only ballot-qualified minor party, the Green Party. It would have no effect on the Libertarian Party, which will nominate by primary in 2018. Parties that nominate by primary are not required to submit nominee petitions.