Maine Legislative Hearing on Ballot Access Goes Well

On February 17, the Maine House & Senate Elections Committees heard LD 295, which says that a party can remain on the ballot if it polls 5% for president or governor. Current law only allows a party to remain on the ballot if it has 10,000 registered members who actually turn out and vote in a general election (it doesn’t matter whom they vote for).

The committee did not vote, but the reaction was good, and one committee member suggested 5% is too high. In response, the Secretary of State’s representative said that another bill is about to be introduced, which also allows a party to remain on the ballot if it has at least 5,000 registered members. She suggested the committee might want to hold up action on LD 295 until it also considers that new bill. A representative of the Libertarian Party also testified. No one testified against the bill.

Arizona Bill Advances, Would Severely Restrict Paid Initiative Petitioners

On February 16, the Arizona House Government committee passed HB 2404, which severely restricts paid initiative circulators. It would require sponsors of initiatives to post a $50,000 bond, if the sponsors are using paid circulators. It would require circulators to register and pay a fee. The bill does not set the fee, but says the Secretary of State would set it. Paid circulators would need to provide a copy of a criminal background check, and take a training class. It would be illegal for circulators to be paid on a per-signature basis.

Laws to outlaw paying on a per signature basis have been struck down in Ohio and Colorado. Also it is likely that requiring a circulator to pay a registration fee violates the First Amendment.

The vote in committee was 5-3. The sponsor is Representative Vincent Leach (R-SaddleBrooke).

West Virginia Ballot Access Bill

West Virginia Delegate Pat McGeehan (R-Chester) has introduced HB 2102, to ease ballot access for political parties. Current law requires a group or a party to poll 1% for Governor, in order to become or maintain itself as a qualified party. The bill would change that vote test to 1% for any state statewide office. Also, it would enable a group or a party to be a qualified party if it had registration of at least 5,000 members. This would make it possible for groups to become qualified parties in advance of any particular election.

In November 2016, the Libertarian Party had 4,679 registered members; the Green Party (which is called the Mountain Party in West Virginia) had 1,875. Both are currently qualified because both polled over 1% for Governor in 2016. West Virginia elects all its statewide state offices in presidential years.