April 2025 Ballot Access News Print Edition

RESTRICTIVE WYOMING BALLOT ACCESS BILL KILLED

On February 28, Wyoming State Senator Tara Nethercott, the Majority Leader of the Senate, exercised her power to kill HB 173, the bill that would have severely injured ballot access for independent candidates.  She did this by not allowing the bill to receive a vote on the Senate floor.

The bill would have increased the number of signatures from 2% of the last vote, to 3% for statewide office, and 5% for legislative and county offices.  Also, it would have moved the petition deadline from late August to early June, and furthermore required independent candidates to file a declaration of candidacy in May.  Already Wyoming had the most severe requirements of any state, in relation to presidential elections, on a percentage basis.  No other state requires a presidential candidate running outside the major parties to submit a petition greater than 2% of the last vote, when the easiest method in each state is compared.

The bill would have given Wyoming the earliest deadline of any state for a presidential candidate running outside of the two major parties to declare his or her candidacy.  Legislators in the House and on the Senate Committee ignored the U.S. Supreme Court decision Anderson v Celebrezze, even though that decision was brought to their attention.

The bill had passed the Wyoming House by a vote of 49-11.  Then it had passed the Senate Elections and Political Subdivisions Committee by a vote of 4-1.

Chuck Gray, the Secretary of State, strongly supported the bill.  No Wyoming news media expressed any opinion about the bill, and gave it very little publicity.

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Montana Legislature Passes Bill Lowering Number of Signatures for Independent Candidates for Non-Presidential Office

on April 17, the Montana legislature passed HB 207. Although originally this bill raised the number of signatures for non-presidential independent candidates and the nominees of unqualified parties, the final version lowers the petition requirement, from 5% of the winner’s vote in the last election, to 4% of the winner’s vote.

Assuming it is signed, this decreases the petition requirement for U.S. Senate in 2026 from 15,985 signatures to 12,788 signatures. This still leave Montana will one of the strictest statewide independent petition requirements of any state.

The bill also says that if a petition fails, the candidate receives his or her filing fee back. And it makes it illegal for a primary loser to be a write-in candidate in the general election.

This appears to be the first bill that has passed in any state this year that eases ballot access.

Presidential independents continue to need 5,000 signatures.

Seventh Circuit Rules that Shiva Ayyaddurai’s Wisconsin Ballot Access Case was “Frivolous”

On March 20, the Seventh Circuit issued a four-page opinion in Marshall v Wisconsin Election Commission, 24-2746. This was the last pending lawsuit filed by independent presidential candidate Shiva Ayyadurai last year, over whether states can keep presidential candidates off the ballot if they don’t meet the constitutional requirements. The decision is unsigned and will not be published. It says the whole issue is “frivolous” and that states may keep such presidential candidates off the ballot. This is a more complicated issue than the opinion acknowledges. It occupied hundreds of pages of briefs and amicus briefs in 2024 in Trump v Anderson, the case over whether Donald Trump should be on various ballots in 2024.

The judges are Frank Easterbrook, a Reagan appointee; Thomas K. Kirsch II, a Trump appointee; and Candace Jackson-Akiwumi, a Biden appointee. This case arose from Wisconsin.