Wisconsin Legislature Passes Bill Outlawing Out-of-State Circulators

Posted on by February 20, 2026
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On February 11, the Wisconsin legislature passed AB 223, which bans out-of-state circulators for candidate petitions and recall petitions. Wisconsin doesn’t have the initiative or referendum. In the Senate the vote was party-line, with all Democrats voting “no” and all Republicans voting “yes.” Wisconsin has a Democratic Governor, so it’s possible this bill will be vetoed.

Oddly the bill does not cover petitions to create a new party. That type of petition, which requires 10,000 signatures, is very seldom used. Generally minor parties become ballot-qualified by circulating a candidate petition for a statewide office and having that candidate poll at least 1% of the vote.

Wisconsin is in the Seventh Circuit. In 2000 the Seventh Circuit ruled that it is unconstitutional for a state to ban out-of-state circulators. Krislov v Rednour, 226 F.3d 851. That was an Illinois case. Illinois appealed to the U.S. Supreme Court, but that court refused to hear it.

West Virginia Bills to Require Declared Write-in Candidates to Pay Filing Fees

Posted on by February 20, 2026
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West Virginia Senator Robbie Morris (R-Randolph) and Representative Joe Funkhouser (R-Charles Town) have introduced SB 851 and HB 5217. The identical bills would require declared write-in candidates to pay filing fees.

West Virginia in the past also required write-in candidates to pay filing fees, but in 2000 a U.S. District Court struck down the West Virginia filing fees for write-in candidates. Phillips v Hechler, 120 F.Supp.2d 587. The state did not appeal and repealed the law. The rationale for the court decision is that the purpose of filing fees is to keep ballots from being too crowded, but write-in candidates’ names are not printed on ballots.

Hawaii Top-Two Bill Passes Senate Judiciary Committee

Posted on by February 20, 2026
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On February 13, the Hawaii Senate Judiciary Committee passed SB 2480, although the committee recommended that the bill be amended on the Senate floor. It is not known what the amendments would be. The Libertarian Party and the Green Party testified against the bill. The vote was3-0, with two members absent.

The sponsors are three Democratic Senators (Mike Gabbard, Jarrett Keohokalole, and Jay san Buenaventura), and one Republican Senator (Kurt Favella).

The bill, as introduced, would make it far more difficult for a party to remain ballot-qualified. They could only stay on if they polled 10% for president (which no third party has done since 1968). The easier vote tests (4% for State House, or 2% for State Senate) would no longer work, since parties would no longer have nominees except for President.

If enacted, the bill would take effect immediately, and thus the 2026 election would use a top-two system.

At the hearing, no mention was made of the current California top-two situation with the gubernatorial election. The Hawaii League of Women Voters testified for the bill, even though in the past the League of Women Voters in Arizona, Oregon, and Washington had opposed top-two systems.

Another South Carolina Bill for Closed Primaries

Posted on by February 20, 2026
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The South Carolina legislature already has four bills pending that would change primaries from open to closed. Now Representative James “Mike” Burns (R-Tigerville) has introduced another one, HB 5183. It differs from the others by making an easier transition to closed primaries. Voters could sign up at the polls on primary date as a member of a party. The other bills require voters to re-register into a party before primary day.

None of the bills is expected to pass, because the Governor has said he is opposed to closed primaries.